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|
As Introduced*
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 173 |
SENATORS DRAKE-KEARNS
A BILL
To amend sections 124.11, 329.05, 339.11, 339.16, 339.17,
339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,
3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01,
5705.191, 5705.20, and 5705.25; to amend, for the purpose of
adopting new section numbers as indicated in parentheses,
sections
339.38 (339.75), 339.39 (339.76), 339.42 (339.74), and 339.43
(339.77); to enact sections
339.71, 339.72, 339.73, 339.78, 339.79, 339.80, 339.81, 339.82,
339.83, 339.84, 339.85, 339.86, 339.87, and 339.88; and to repeal sections
339.20, 339.21, 339.22, 339.23, 339.231, 339.24, 339.25, 339.26,
339.27, 339.28, 339.29, 339.30, 339.31, 339.32, 339.33, 339.34,
339.35, 339.36, 339.37, 339.40,
339.41, 339.45, 339.46, 339.47, 339.50, 339.51, 339.52, 339.53,
339.54, 339.55, 339.56,
339.57, 339.58, 339.59, 339.60, 339.61, 339.62, 339.63,
339.64, 339.99, 3335.43, 3701.84, and 3707.11 of the Revised Code with
regard to the prevention and
control of tuberculosis.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.11, 329.05, 339.11,
339.16, 339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,
3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01,
5705.191, 5705.20, and 5705.25
be amended; sections
339.38 (339.75), 339.39 (339.76), 339.42 (339.74), and 339.43
(339.77) be amended for the purpose of
adopting new section numbers as indicated in parentheses; and
sections
339.71, 339.72, 339.73, 339.78, 339.79, 339.80, 339.81, 339.82,
339.83, 339.84, 339.85, 339.86, 339.87, and 339.88
of the Revised Code be enacted to read as follows:
Sec. 124.11. The civil service of the state and the
several counties, cities, civil service townships, city health
districts, general health districts, and city school districts
thereof shall be divided into the unclassified service and the
classified service.
(A) The unclassified service shall comprise the following
positions, which shall not be included in the classified service,
and which shall be exempt from all examinations required by this
chapter:
(1) All officers elected by popular vote or persons
appointed to fill vacancies in such offices;
(2) All election officers as defined in section 3501.01 of
the Revised Code;
(3) The members of all boards and commissions, and heads
of principal departments, boards, and commissions appointed by
the governor or by and with the governor's consent; and the members of all
boards and commissions and all heads of departments appointed by
the mayor, or, if there is no mayor, such other similar chief
appointing authority of any city or city school district; except
as otherwise provided in division (A)(17) or (C) of this section,
this chapter does not exempt the chiefs of police departments and
chiefs of fire departments of cities or civil service townships
from the competitive classified service;
(4) The members of county or district licensing boards or
commissions and boards of revision, and deputy county auditors;
(5) All officers and employees elected or appointed by
either or both branches of the general assembly, and such
employees of the city legislative authority as are engaged in
legislative duties;
(6) All commissioned, warrant, and noncommissioned
officers and enlisted persons in the
Ohio organized militia, including
military appointees in the
adjutant general's department;
(7)(a) All presidents, business managers, administrative
officers, superintendents, assistant superintendents, principals,
deans, assistant deans, instructors, teachers, and such employees
as are engaged in educational or research duties connected with
the public school system, colleges, and universities, as
determined by the governing body of the public school system,
colleges, and universities;
(b) The library staff of any library in the state
supported wholly or in part at public expense.
(8) Four clerical and administrative support employees for
each of the elective state officers; and three clerical and
administrative support employees for other elective officers and
each of the principal appointive executive officers, boards, or
commissions, except for civil service commissions, that are
authorized to appoint such clerical and administrative support
employees;
(9) The deputies and assistants of state agencies authorized to act for and
on behalf of the agency, or holding a fiduciary or administrative relation to
that agency and those persons employed by and directly responsible
to elected county officials or a county administrator and holding a
fiduciary or
administrative relationship to such elected county officials or county
administrator, and the employees of such county officials whose fitness
would be
impracticable to determine by competitive examination, provided
that division (A)(9) of this section shall not affect those
persons in county employment in the classified service as of
September 19, 1961. Nothing in division (A)(9) of this section
applies to any position in a county department of human services
created pursuant to Chapter 329. of the Revised
Code.
(10) Bailiffs, constables, official stenographers, and
commissioners of courts of record, deputies of clerks of the
courts of common pleas who supervise, or who handle public moneys
or secured documents, and such officers and employees of courts
of record and such deputies of clerks of the courts of common
pleas as the director of administrative services finds it
impracticable to determine their fitness by competitive
examination;
(11) Assistants to the attorney general, special counsel
appointed or employed by the attorney general, assistants to
county prosecuting attorneys, and assistants to city directors of
law;
(12) Such teachers and employees in the agricultural
experiment stations; such students in normal schools, colleges,
and universities of the state who are employed by the state or a
political subdivision of the state in student or intern
classifications; and such unskilled labor positions as the
director of administrative services or any municipal civil
service commission may find it impracticable to include in the
competitive classified service; provided such exemptions shall be
by order of the commission or the director, duly entered on the
record of the commission or the director with the reasons for
each such exemption;
(13) Any physician or dentist who is a full-time employee
of the department of mental health or the department of mental
retardation and developmental disabilities or of an institution
under the jurisdiction of either department; and physicians who
are in residency programs at the institutions;
(14) Up to twenty positions at each institution under the
jurisdiction of the department of mental health or the department
of mental retardation and developmental disabilities that the
department director determines to be primarily administrative or
managerial; and up to fifteen positions in any division of either
department, excluding administrative assistants to the director
and division chiefs, which are within the immediate staff of a
division chief and which the director determines to be primarily
and distinctively administrative and managerial;
(15) Noncitizens of the United States employed by the
state, or its counties or cities, as physicians or nurses who are
duly licensed to practice their respective professions under the
laws of Ohio, or medical assistants, in mental, tuberculosis, or
chronic disease hospitals, or institutions;
(16) Employees of the governor's office;
(17) Fire chiefs and chiefs of police in civil service
townships appointed by boards of township trustees under section
505.38 or 505.49 of the Revised Code;
(18) Executive directors, deputy directors, and program
directors employed by boards of alcohol, drug addiction, and
mental health services under Chapter 340. of the Revised Code,
and secretaries of the executive directors, deputy directors, and
program directors;
(19) Superintendents, and management employees as defined
in section 5126.20 of the Revised Code, of county boards of
mental retardation and developmental disabilities;
(20) Physicians, nurses, and other employees of a county
hospital who are appointed pursuant to sections 339.03 and 339.06
of the Revised Code;
(21) The executive director of the state medical board,
who is appointed pursuant to division (B) of section 4731.05 of
the Revised Code;
(22) County directors of human services as provided in
section 329.02 of the Revised Code and administrators appointed
under section 329.021 of the Revised Code;
(23) A director of economic development who is hired
pursuant to division (A) of section 307.07 of the Revised Code;
(24) Chiefs of construction and compliance, of operations and maintenance,
and of licensing and certification in the division of industrial compliance in
the department of commerce;
(25) The executive director of a county transit system appointed under
division (A) of section 306.04 of the Revised Code;
(26) Up to five positions at each of the administrative
departments listed in section 121.02 of the Revised Code and at the department
of taxation, department of the adjutant general, department of education,
Ohio board of regents, bureau of employment services, bureau of workers'
compensation, industrial commission, state lottery
commission, and public utilities commission of Ohio that the head of
that administrative department or of that other state agency determines to be
involved in policy development and implementation. The head of the
administrative department or other state agency shall set the compensation for
employees in these positions at a rate that is not less than the minimum
compensation specified in pay range 41 but not more than the maximum
compensation specified in pay range 44 of salary schedule E-2 in
section 124.152 of the Revised Code. The authority to establish positions in
the unclassified service under division (A)(26) of this
section is in addition to and does not limit any other authority that an
administrative department or
state agency has under the Revised Code to establish positions, appoint
employees, or set compensation.
(27) Employees of the department of agriculture employed
under section 901.09 of the Revised Code;
(28) For cities, counties, civil service townships, city health
districts, general
health districts, and city school districts, the deputies and assistants of
elective or principal executive officers authorized to act for and in the
place of their principals or holding a fiduciary relation to their
principals;
(29) Employees who receive external interim, intermittent, or temporary
appointments under division (B) of section 124.30 of the Revised Code;
(30) Employees appointed to administrative staff positions for which an
appointing authority is given specific statutory authority to set
compensation;
(31) Employees appointed to highway patrol cadet or highway patrol cadet
candidate classifications.
(B) The classified service shall comprise all persons in
the employ of the state and the several counties, cities, city
health districts, general health districts, and city school
districts thereof, not specifically included in the unclassified
service. Upon the creation by the board of trustees of a civil
service township civil service commission, the classified service
shall also comprise, except as otherwise provided in division
(A)(17) or (C) of this section, all persons in the employ of
civil service township police or fire departments having ten or
more full-time paid employees. The classified service consists
of two classes, which shall be designated as the competitive
class and the unskilled labor class.
(1) The competitive class shall include all positions and
employments in the state and the counties, cities, city health
districts, general health districts, and city school districts
thereof, and upon the creation by the board of trustees of a
civil service township of a township civil service commission all
positions in civil service township police or fire departments
having ten or more full-time paid employees, for which it is
practicable to determine the merit and fitness of applicants by
competitive examinations. Appointments shall be made to, or
employment shall be given in, all positions in the competitive
class that are not filled by promotion, reinstatement, transfer,
or reduction, as provided in this chapter, and the rules of the
director of administrative services, by appointment from those
certified to the appointing officer in accordance with this
chapter.
(2) The unskilled labor class shall include ordinary
unskilled laborers. Vacancies in the labor class shall be filled
by appointment from lists of applicants registered by the
director. The director or the commission, by rule, shall
require
an applicant for registration in the labor class to furnish such
evidence or take such tests as the director considers proper with
respect to age, residence, physical condition, ability to labor,
honesty, sobriety, industry, capacity, and experience in the work
or employment for which application is made. Laborers who
fulfill the requirements shall be placed on the eligible list for the kind of
labor or employment sought, and preference shall be given in
employment in accordance with the rating received from such
evidence or in such tests. Upon the request of an appointing
officer, stating the kind of labor needed, the pay and probable
length of employment, and the number to be employed, the director
shall certify from the highest on the list double the number to
be employed; from this number the appointing officer shall
appoint the number actually needed for the particular work. If
more than one applicant receives the same rating, priority in
time of application shall determine the order in which their
names shall be certified for appointment.
(C) A municipal or civil service township civil service
commission may place volunteer firefighters who
are paid on a
fee-for-service basis in either the classified or the
unclassified civil service.
(D) This division does not apply to persons in the unclassified
service who have the right to resume positions in the classified service under
sections 4121.121, 5119.071, 5120.07, 5120.38, 5120.381, 5120.382, 5123.08,
5139.02, and 5501.19
of the Revised Code.
An appointing authority whose employees
are paid directly by warrant of the auditor of state
may appoint a person who holds a certified position in the classified service
within the appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant
to
this division to a position in the unclassified service shall retain the right
to resume the position and status held by
the person in the classified service immediately prior to the person's
appointment to the position in the unclassified service, regardless of the
number of positions the person
held in the unclassified service. Reinstatement to a position in the
classified service shall be to a position substantially equal to that position
in the classified service held
previously, as certified by the director of administrative services. If the
position the person previously held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed to a
position in the classified service within the appointing authority's agency
that the director of administrative services certifies is comparable in
compensation to the position the person previously held in the classified
service. Service in the
position in the unclassified service shall be counted as service in the
position in the classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. When a
person is reinstated
to a position in the classified service as provided in this division, the
person is entitled to all rights, status, and benefits accruing to the
position in the classified service during the person's time of service in the
position in the
unclassified service.
Sec. 329.05. The county department of human services may
administer or assist in administering any state or local human services
activity in addition
to those mentioned in section 329.04 of
the Revised Code, supported wholly or in part by public funds
from any source provided by agreement between the board of county
commissioners and the officer, department, board, or agency in
which the administration of such activity is vested. Such
officer, department, board, or agency may enter into such
agreement and confer upon the county department of human
services, to the extent and in particulars specified in the
agreement, the performance of any duties and the exercise of any
powers imposed upon or vested in such officer, board, department,
or agency, with respect to the administration of such activity.
Such agreement shall be in the form of a resolution of the board
of county commissioners, accepted in writing by the other party
to the agreement, and filed in the office of the county auditor,
and when so filed, shall have the effect of transferring the
exercise of the powers and duties to which the agreement relates
and shall exempt the other party from all further responsibility
for the exercise of the powers and duties so transferred, during
the life of the agreement.
Such agreement shall be coordinated and not conflict with a
partnership agreement entered into under section 307.98, a contract
entered into under section 307.981 or 307.982, plan of cooperation entered
into under section 307.983, a transportation work plan developed under
section 307.984, or procedures for providing services to children whose
families relocate frequently established under section 307.985 of the Revised
Code. It may be revoked at the option of either
party, by a resolution or order of the revoking party filed in
the office of the auditor. Such revocation shall become
effective at the end of the fiscal year occurring at least six
months following the filing of the resolution or order. In the
absence of such an express revocation so filed, the agreement
shall continue indefinitely.
This section does not permit a county department of human
services to manage or control county or district tuberculosis or
other hospitals, humane societies, detention homes, jails or
probation departments of courts, or veterans service commissions.
Sec. 339.11. The TO PROVIDE CARE FOR THE INDIGENT SICK AND
DISABLED, THE board of county commissioners may enter INTO an
agreement with
one or more corporations or associations organized EITHER for
charitable purposes or
for the purpose of maintaining and operating a hospital in any county in
which
such hospital has been established, for the care of the indigent sick and
disabled, excepting persons afflicted with pulmonary tuberculosis, upon
such
terms as are agreed upon between the board and such corporations or
associations. Such THE board shall provide for the
payment of the amount agreed
upon in BY MAKING one payment, or PAYING
installments, or PAYING so much from year to year as the
parties stipulate. This section does not authorize the payment of public
funds to a sectarian institution, EXCEPT WHEN THE PAYMENT IS MADE
UNDER SECTIONS 339.71 TO 339.86 of the Revised Code FOR TREATMENT OF PERSONS WITH
TUBERCULOSIS. The board may employ the necessary and
properly
qualified employees to assist it in carrying out all responsibilities
devolving upon such board by reason of any agreement, entered into in
accordance with this section.
Sec. 339.16. A board of trustees of any county hospital,
or of any county or district tuberculosis hospital, may contract
for, purchase, or otherwise procure on behalf of any or all of
its employees or such employees and their immediate dependents
the following types of fringe benefits:
(A) Group or individual insurance contracts which may
include life, sickness, accident, disability, annuities,
endowment, health, medical expense, hospital, dental, surgical
and related coverage or any combination thereof;
(B) Group or individual contracts with health insuring
corporations or other providers of professional services,
care, or benefits duly authorized to do business in this state.
A board of trustees of any county hospital, or of any
county or district tuberculosis hospital, may contract for,
purchase, or otherwise procure insurance contracts which provide
protection for the trustees and employees against liability,
including professional liability, provided that this section or
any insurance contract issued pursuant to this section shall not
be construed as a waiver of or in any manner affect the immunity
of the hospital or county.
All or any portion of the cost, premium, fees, or charges
therefor may be paid in such manner or combination of manners as
the board of trustees may determine, including direct payment by
the employee, and, if authorized in writing by the employee, by
the board of trustees with moneys made available by deduction
from or reduction in salary or wages or by the foregoing of a
salary or wage increase.
Notwithstanding sections 3917.01 and 3917.06 of the Revised
Code, the board of trustees may purchase group life insurance
authorized by this section by reason of payment of premiums
therefor by the board of trustees from its funds, and such group
life insurance may be issued and purchased if otherwise
consistent with sections 3917.01 to 3917.06 of the Revised Code.
Sec. 339.17. (A) Sections 140.03 and 140.05 of the
Revised Code are alternatives to sections 339.02 to 339.13 of the
Revised Code. Sections 339.02 to 339.14 and 339.21 to 339.39 of
the Revised Code are not applicable with respect to hospital
facilities and services provided for under leases or agreements
entered into pursuant to section 140.03 or 140.05 of the Revised
Code, except to the extent made applicable by section 140.03 or
140.05 of the Revised Code and the leases and agreements made
thereunder.
(B) Notwithstanding division (A) of this section, the
requirements of sections 339.091 and 339.092 of the Revised Code
apply to an initial agreement with a board of county
commissioners, board of county hospital trustees, or county
hospital commission for the acquisition, operation, or lease of a
county hospital operated by a board of county hospital trustees
under section 339.06 of the Revised Code, entered into pursuant
to section 140.03 or 140.05 of the Revised Code, but not to any
amendment or renewal of such agreement.
Sec. 339.71. AS USED IN THIS SECTION AND SECTIONS 339.72 TO 339.86
of the Revised Code:
(A) "ACTIVE TUBERCULOSIS" MEANS
TUBERCULOSIS THAT HAS BEEN DEMONSTRATED BY CLINICAL,
BACTERIOLOGICAL, OR RADIOGRAPHIC EVIDENCE TO BE
PRESENT IN AN INDIVIDUAL WHO HAS NOT
COMPLETED AN APPROPRIATE COURSE OF
ANTI-TUBERCULOSIS MEDICATION, REGARDLESS OF THE STAGE OF
COMMUNICABILITY OF THE TUBERCULOSIS, AND INCLUDES BOTH PULMONARY AND
EXTRAPULMONARY TUBERCULOSIS.
(B) "COMMUNICABLE TUBERCULOSIS" MEANS ACTIVE
PULMONARY TUBERCULOSIS THAT HAS BEEN DETERMINED, THROUGH EXAMINATION OF A
CULTURE OF SPECIMENS OBTAINED FROM THE INDIVIDUAL'S RESPIRATORY TRACT, TO BE
IN A STAGE AT WHICH IT CAN BE TRANSMITTED TO
ANOTHER INDIVIDUAL.
(C) "EXTRAPULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS
THAT AFFECTS TISSUES OF THE BODY OTHER THAN THE LUNGS.
(D) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER
CHAPTER 4731. OF THE REVISED CODE TO
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND
SURGERY.
(E) "PULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT AFFECTS
THE LUNGS.
(F) "TUBERCULOSIS" MEANS THE INFECTIOUS DISEASE
OCCURRING IN HUMANS THAT IS CAUSED BY ONE OF THE FOLLOWING
MICROORGANISMS:
(1) MYCOBACTERIUM TUBERCULOSIS;
(2) MYCOBACTERIUM BOVIS;
(3) MYCOBACTERIUM AFRICANUM.
Sec. 339.72. EACH BOARD OF COUNTY COMMISSIONERS SHALL
PROVIDE FOR THE COUNTY TO BE SERVED BY A TUBERCULOSIS CONTROL
UNIT BY DESIGNATING A COUNTY TUBERCULOSIS CONTROL UNIT OR BY
ENTERING INTO AN AGREEMENT WITH ONE OR MORE BOARDS OF COUNTY
COMMISSIONERS OF OTHER COUNTIES UNDER WHICH THE BOARDS JOINTLY
DESIGNATE A DISTRICT TUBERCULOSIS CONTROL UNIT. THE ENTITY
DESIGNATED AS THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY BE ANY OF
THE FOLLOWING:
(A) A COMMUNICABLE DISEASE CONTROL PROGRAM OPERATED
BY A BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT
PURSUANT TO SECTION 3709.22 OF THE REVISED CODE;
(B) A TUBERCULOSIS PROGRAM OPERATED BY A COUNTY THAT RECEIVES
FUNDS PURSUANT TO SECTION 339.77 OF THE
REVISED CODE;
(C) A TUBERCULOSIS CLINIC ESTABLISHED BY A BOARD OF
COUNTY COMMISSIONERS PURSUANT TO SECTION 339.76 OF THE
REVISED CODE;
(D) A HOSPITAL THAT PROVIDES TUBERCULOSIS CLINIC
SERVICES UNDER A CONTRACT WITH A BOARD OF COUNTY COMMISSIONERS
PURSUANT TO SECTION 339.75 OF THE REVISED CODE.
Sec. 339.73. EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT SHALL
ENSURE THAT TUBERCULOSIS TREATMENT SERVICES ARE MADE AVAILABLE
TO ALL INDIVIDUALS WITH TUBERCULOSIS WHO RESIDE IN THE
AREA SERVED BY THE UNIT. SERVICES
SHALL BE MADE AVAILABLE TO ANY RESIDENT OF THE AREA SERVED,
REGARDLESS OF THE LENGTH OF TIME THAT THE INDIVIDUAL HAS RESIDED
IN THE AREA OR THE INDIVIDUAL'S INCOME AND RESOURCES. THE
SERVICES PROVIDED SHALL AT LEAST INCLUDE TREATMENT BY A PHYSICIAN AND
PROVISION OF ANTI-TUBERCULOSIS MEDICATION AND MAY INCLUDE MAKING REFERRALS FOR
RECEIPT OF TREATMENT OR
TEMPORARY HOUSING.
Sec. 339.42 339.74. The county commissioners of each
county EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT shall
establish a TUBERCULOSIS record
bureau, appoint a director thereof, and appoint such assistants as are
required to keep and maintain adequate records with respect to all
known cases
of tuberculosis within the county. The county commissioners may delegate
the authority to operate such bureau to a county or district tuberculosis
hospital, a county tuberculosis clinic, a joint county tuberculosis clinic, or
a city or general health district. All tuberculosis hospitals, tuberculosis
clinics, general and private hospitals and all boards of health shall
immediately report all cases of tuberculosis which are known to them to such
record bureau, and they shall supply the bureau with such data with respect to
such cases and with respect to the persons who live or work in close contact
with such cases as it requests AREA SERVED BY THE UNIT.
Sec. 339.38 339.75. The board of county commissioners of any
county may contract with the board of trustees of a county or
district tuberculosis A CITY OR GENERAL HEALTH DISTRICT BOARD OF
HEALTH, ANY hospital or with the director of
health for, clinic services, or OTHER HEALTH CARE
ENTITY for the care, treatment, and maintenance of
residents of the county who are suffering from WITH
tuberculosis. The
board of county commissioners of the county in which such
patients reside shall pay to the board of trustees of such county
or district tuberculosis hospital, or to the
treasurer of state, ENTITY WITH WHICH IT CONTRACTS
the amount provided in the contract. They shall also pay for the
transportation of patients and attendants. The board of county
commissioners may also contract for the care and treatment of
residents of the county suffering from tuberculosis with a
general hospital, properly equipped both as to personnel and
facilities for the care and treatment of tuberculosis, or with a
person, firm, association, or corporation operating a hospital
exclusively for the care and treatment of the tuberculous. No
contract shall be made unless such general or private hospital
has been inspected and approved by the department of health.
Such approval may be withdrawn and such contract shall be
cancelled, if, in the judgment of the department, such general or
private hospital is not properly managed. If such approval is
withdrawn, the person, firm, association, or corporation
operating such institutions may appeal to the public health
council for a decision.
Sec. 339.39 339.76. The board of county commissioners of any
county may establish and maintain one or more tuberculosis
clinics in the county, may employ physicians, public health
nurses, and other persons for the operation of such clinics or
other means as are provided for the prevention, cure, and
treatment of tuberculosis, and may provide by tax levies, or
otherwise, the necessary funds for such clinics to be
established, maintained, and operated. Clinics so established
shall be under the control of the board of county commissioners,
and shall be supervised by a board of three trustees, similar in
all respects to and with all the powers enjoyed by a board of
trustees of a county tuberculosis hospital, or by a city or
general district board of health within the county, as the board
of county commissioners designates.
The boards of county commissioners of two or more counties
may join together to establish a joint county tuberculosis
clinic. Clinics so established shall be under the control of the
joint boards of county commissioners of the member counties and
shall be supervised by a board of trustees, such board to consist
of an equal number of trustees from each of the member counties,
with all of the powers enjoyed by a board of trustees of a county
tuberculosis hospital, or by a city or general health district
board of health within the county where the clinic is located, as
the member boards of county commissioners shall designate. The
cost of the establishment and the maintenance of such clinics
shall be distributed among the member counties as agreed upon by
such members, and such costs shall be paid from the respective
county general funds, or from tax levies, or both.
Sec. 339.43 339.77. (A) The director of health
shall make
available financial assistance for treatment of tuberculosis patients to
counties operating an acceptable tuberculosis program. Annually, the director
shall pay to the BOARD OF county commissioners
of the patient's legal residence a per-active-case amount that
equals the
annually appropriated funds
divided by the number of active cases with documented completion
of an approved course of treatment during the previous fiscal
year. Total payment shall not exceed the amount of funds
appropriated for the purpose. The Ohio public health council
DIRECTOR shall provide forms for documentation and shall determine what
constitutes an "acceptable tuberculosis program," an "approved course of
treatment," and an
"active case." The director or his THE DIRECTOR'S
authorized agent shall upon request be allowed access to any
patient's medical records in order to verify the accuracy of the
information submitted to justify such financial assistance. If
such medical records are denied or are unavailable, the financial
assistance shall terminate or be denied.
(B) ANNUALLY, THE DIRECTOR SHALL REIMBURSE BOARDS OF COUNTY
COMMISSIONERS FOR THE COST OF DETAINING INDIGENT PERSONS WITH TUBERCULOSIS.
TOTAL PAYMENT SHALL NOT EXCEED THE AMOUNT OF FUNDS APPROPRIATED FOR THE
PURPOSE. THE DIRECTOR SHALL PRESCRIBE THE RATE OF REIMBURSEMENT FOR
DETENTION. ANY FUNDS NOT EXPENDED FOR THIS PURPOSE BY THE END OF A FISCAL
YEAR SHALL BE DISBURSED TO BOARDS OF COUNTY COMMISSIONERS FOR USE IN
ACCORDANCE WITH DIVISION (A) OF THIS SECTION.
Sec. 339.78. (A) WHEN A PHYSICIAN COMPLETES
DIAGNOSTIC STUDIES CONFIRMING THAT AN INDIVIDUAL HAS
TUBERCULOSIS, THE PHYSICIAN SHALL REPORT THE CONFIRMED CASE OF
TUBERCULOSIS TO THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT. A
PHYSICIAN SHALL MAKE A REPORT TO THE TUBERCULOSIS CONTROL
UNIT PRIOR TO COMPLETION OF DIAGNOSTIC STUDIES IF THE SIGNS AND
SYMPTOMS DEMONSTRATED BY AN INDIVIDUAL ARE SUFFICIENT FOR THE
PHYSICIAN TO SUSPECT THAT THE INDIVIDUAL HAS TUBERCULOSIS.
AT ANY TIME IT IS
DETERMINED THAT AN INDIVIDUAL'S TUBERCULOSIS IS RESISTANT TO ONE
OR MORE DRUGS, THE PHYSICIAN SHALL MAKE A REPORT TO THE UNIT.
THE PHYSICIAN ATTENDING AN INDIVIDUAL WITH TUBERCULOSIS SHALL
DOCUMENT THE INDIVIDUAL'S ADHERENCE TO THE TREATMENT REGIMEN
THAT THE PHYSICIAN PRESCRIBES AND MAKE A REPORT TO THE TUBERCULOSIS
CONTROL UNIT IF THE INDIVIDUAL DOES NOT ADHERE TO THE REGIMEN.
IN EACH REPORT MADE UNDER THIS DIVISION, THE PHYSICIAN SHALL
PROVIDE ALL INFORMATION THAT THE TUBERCULOSIS CONTROL UNIT
REQUESTS. THE INFORMATION SHALL BE PROVIDED AT INTERVALS SPECIFIED BY THE
TUBERCULOSIS CONTROL UNIT.
(B) IN ADDITION TO ACCEPTING REPORTS MADE BY PHYSICIANS
UNDER DIVISION (A) OF THIS SECTION, A COUNTY OR DISTRICT TUBERCULOSIS
CONTROL UNIT SHALL ACCEPT REPORTS MADE AS FOLLOWS:
(1) THE ADMINISTRATOR OF A HOSPITAL, CLINIC, OR OTHER
FACILITY THAT IS PROVIDING SERVICES TO AN INDIVIDUAL WHO IS
CONFIRMED OR SUSPECTED OF HAVING TUBERCULOSIS SHALL REPORT THE CASE TO THE
TUBERCULOSIS CONTROL UNIT;
(2) THE ADMINISTRATOR OF A LABORATORY THAT PERFORMS TESTS
FOR TUBERCULOSIS ON HUMAN SPECIMENS SHALL REPORT TO THE TUBERCULOSIS CONTROL
UNIT EACH POSITIVE TUBERCULOSIS TEST RESULT OBTAINED;
(3) ANY PERSON WHO SUSPECTS THAT AN INDIVIDUAL HAS
TUBERCULOSIS MAY REPORT THAT SUSPICION TO THE TUBERCULOSIS
CONTROL UNIT.
Sec. 339.79. A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT SHALL MAKE A
REPORT TO THE DEPARTMENT OF HEALTH EACH TIME THE UNIT RECEIVES A
REPORT UNDER SECTION 339.78 OF THE REVISED CODE
OF A SUSPECTED OR CONFIRMED CASE OF TUBERCULOSIS OR A CASE OF
TUBERCULOSIS
THAT IS RESISTANT TO ONE OR MORE DRUGS.
IF THE REPORT PERTAINS TO AN INDIVIDUAL WHO IS
NOT A RESIDENT OF THIS STATE, THE UNIT ALSO SHALL
MAKE A REPORT TO THE STATE OR LOCAL PUBLIC HEALTH AGENCY THAT SERVES
THE STATE IN WHICH THE INDIVIDUAL RESIDES.
Sec. 339.80. (A) WHEN A COUNTY OR DISTRICT TUBERCULOSIS CONTROL
UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE
REVISED CODE OF A CONFIRMED CASE OF TUBERCULOSIS,
THE UNIT SHALL CONDUCT AN INVESTIGATION THAT INCLUDES PERSONAL CONTACT WITH
THE INDIVIDUAL WITH TUBERCULOSIS. THE INVESTIGATION
SHALL COMMENCE NOT LATER THAN THREE WORKING DAYS AFTER THE UNIT
RECEIVES THE REPORT.
(B) WHEN A REPORT OF SUSPECTED TUBERCULOSIS IS
RECEIVED, THE TUBERCULOSIS CONTROL UNIT SHALL CONDUCT
AN INVESTIGATION TO DETERMINE WHETHER THE INDIVIDUAL HAS
TUBERCULOSIS. PENDING CONFIRMATION THAT THE SUSPICION OF
TUBERCULOSIS IS CORRECT, THE UNIT MAY CONTACT THE INDIVIDUAL AND PROCEED WITH
AN INVESTIGATION AS THOUGH THE SUSPECTED CASE IS A CONFIRMED CASE
OF TUBERCULOSIS.
Sec. 339.81. ANY INFORMATION, DATA, AND REPORTS
WITH RESPECT TO A CASE OF TUBERCULOSIS THAT ARE FURNISHED
TO, OR PROCURED BY,
A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT OR THE DEPARTMENT OF HEALTH
SHALL BE CONFIDENTIAL AND USED ONLY
FOR STATISTICAL, SCIENTIFIC, AND MEDICAL RESEARCH FOR THE PURPOSE
OF CONTROLLING TUBERCULOSIS IN THIS STATE. NO
PHYSICIAN, HOSPITAL, OR OTHER ENTITY FURNISHING
INFORMATION, DATA, OR REPORTS PURSUANT TO THIS CHAPTER SHALL BY REASON OF SUCH
FURNISHING BE
DEEMED TO HAVE VIOLATED ANY CONFIDENTIAL RELATIONSHIP, OR BE HELD
LIABLE IN DAMAGES TO ANY PERSON, OR BE HELD TO ANSWER FOR WILLFUL
BETRAYAL OF A PROFESSIONAL CONFIDENCE.
Sec. 339.82. THE FOLLOWING APPLY TO INDIVIDUALS WITH TUBERCULOSIS:
(A)(1) AN INDIVIDUAL WHO HAS BEEN
DIAGNOSED AS HAVING ACTIVE TUBERCULOSIS SHALL COMPLETE THE
ENTIRE TUBERCULOSIS TREATMENT REGIMEN PRESCRIBED FOR THE
INDIVIDUAL BY A PHYSICIAN. THE REGIMEN PRESCRIBED SHALL INCLUDE A COURSE OF
ANTI-TUBERCULOSIS MEDICATION, RECOMMENDATIONS FOR MANAGEMENT OF
TUBERCULOSIS, AND INSTRUCTIONS FOR FOLLOWING CONTAGION
PRECAUTIONS TO PREVENT THE SPREAD OF TUBERCULOSIS.
(2) IF AN INDIVIDUAL FAILS TO TAKE PRESCRIBED ANTI-TUBERCULOSIS MEDICATION
IN ACCORDANCE WITH DIVISION (A)(1) OF THIS SECTION, THE COUNTY OR
DISTRICT TUBERCULOSIS CONTROL UNIT SHALL ESTABLISH A PROCEDURE UNDER WHICH THE
INDIVIDUAL IS REQUIRED TO BE WITNESSED INGESTING THE
ANTI-TUBERCULOSIS MEDICATION BY INDIVIDUALS DESIGNATED BY THE
UNIT. THE INDIVIDUAL SHALL TAKE THE MEDICATION IN ACCORDANCE WITH THE
PROCEDURE.
(B) AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS
WHO IS NOT HOSPITALIZED OR OTHERWISE CONFINED SHALL NOT ATTEND
ANY PUBLIC GATHERING OR BE IN ANY PUBLIC PLACE THAT THE COUNTY OR DISTRICT
TUBERCULOSIS CONTROL UNIT DETERMINES CANNOT BE MAINTAINED IN A
MANNER ADEQUATE TO PROTECT OTHERS FROM THE SPREAD OF THE DISEASE. AN
INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO CANNOT BE MAINTAINED OUTSIDE OF
A HOSPITAL IN A MANNER ADEQUATE TO PROTECT OTHERS FROM THE SPREAD OF THE
DISEASE SHALL SUBMIT TO HOSPITALIZATION AND REMAIN HOSPITALIZED.
(C) AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS WHO
INTENDS TO TRAVEL OR RELOCATE SHALL NOTIFY THE COUNTY OR DISTRICT TUBERCULOSIS
CONTROL UNIT. THE UNIT SHALL NOTIFY THE
TUBERCULOSIS CONTROL UNIT OF THE TUBERCULOSIS CONTROL DISTRICT
TO WHICH THE INDIVIDUAL INTENDS TO TRAVEL OR RELOCATE OR THE
APPROPRIATE PUBLIC HEALTH AUTHORITY OF THE STATE TO WHICH THE
INDIVIDUAL INTENDS TO TRAVEL OR RELOCATE.
Sec. 339.83. WHEN A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT BECOMES
AWARE THAT AN INDIVIDUAL WITH ACTIVE OR COMMUNICABLE TUBERCULOSIS IS NOT
IN COMPLIANCE WITH SECTION 339.82 of the Revised Code, THE UNIT SHALL INFORM THE
INDIVIDUAL THAT SECTION 339.82 OF
THE REVISED CODE REQUIRES COMPLIANCE AND THAT
THE UNIT MAY ISSUE AN ORDER UNDER SECTION 339.84 OF THE
REVISED CODE COMPELLING THE INDIVIDUAL TO COMPLY.
Sec. 339.84. IF AN INDIVIDUAL FAILS TO COMPLY WITH
SECTION 339.82 OF THE
REVISED CODE, THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL
UNIT MAY ISSUE AN
ORDER COMPELLING THE INDIVIDUAL TO COMPLY.
Sec. 339.85. IF AN INDIVIDUAL FAILS TO COMPLY WITH AN ORDER ISSUED UNDER
SECTION 339.84 of the Revised Code, THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY
APPLY TO
THE PROBATE COURT OF THE APPROPRIATE COUNTY FOR AN INJUNCTION PROHIBITING THE
INDIVIDUAL FROM CONTINUING TO VIOLATE THE
UNIT'S ORDER. IF THE TUBERCULOSIS CONTROL UNIT BELIEVES THAT
AN INDIVIDUAL'S FAILURE TO COMPLY WITH ITS ORDER INVOLVES AN
IMMEDIATE DANGER TO THE PUBLIC HEALTH, THE UNIT MAY REQUEST THAT
THE COURT ISSUE AN INJUNCTION WITHOUT GRANTING THE INDIVIDUAL AN
OPPORTUNITY FOR A PRIOR HEARING OR THAT THE COURT HOLD AN
EXPEDITED HEARING ON THE MATTER.
Sec. 339.86. (A) IF AN INDIVIDUAL
FAILS TO COMPLY WITH AN INJUNCTION ISSUED UNDER SECTION 339.85
OF THE REVISED CODE, THE COUNTY OR DISTRICT TUBERCULOSIS
CONTROL UNIT MAY REQUEST THAT THE PROBATE COURT OF THE APPROPRIATE COUNTY
ISSUE AN ORDER UNDER
WHICH THE UNIT IS GRANTED THE AUTHORITY TO DETAIN THE INDIVIDUAL IN A HOSPITAL
OR OTHER PLACE TO BE
TREATED OR EXAMINED FOR TUBERCULOSIS. IN THE REQUEST, THE UNIT
SHALL PROVIDE THE FOLLOWING INFORMATION:
(1) THE NAME OF THE INDIVIDUAL;
(2) THE PURPOSE OF MAKING THE REQUEST FOR
DETENTION;
(3) AN INDIVIDUALIZED ASSESSMENT THAT CONTAINS A DESCRIPTION
OF THE CIRCUMSTANCES AND BEHAVIOR OF THE INDIVIDUAL THAT
CONSTITUTES THE BASIS FOR MAKING THE REQUEST;
(4) A RECOMMENDATION FOR THE LENGTH OF TIME THAT THE
INDIVIDUAL SHOULD BE DETAINED;
(5) A RECOMMENDATION OF A HOSPITAL OR OTHER PLACE
TO BE USED FOR THE DETENTION.
(B) THE COURT MAY ISSUE AN ORDER FOR
DETENTION FOR AN INITIAL PERIOD OF NOT MORE
THAN ONE HUNDRED EIGHTY DAYS. AT THE END OF THE INITIAL PERIOD
OF DETENTION, THE COURT SHALL REVIEW THE CASE AND MAY
EXTEND THE ORDER FOR SUBSEQUENT PERIODS OF NOT MORE THAN NINETY
DAYS. AT THE END OF EACH SUBSEQUENT PERIOD OF
DETENTION, THE COURT SHALL REVIEW THE CASE. WHEN THE COURT
RECEIVES SATISFACTORY EVIDENCE THAT THE INDIVIDUAL SUBJECT TO THE ORDER NO
LONGER HAS ACTIVE TUBERCULOSIS, THE COURT SHALL TERMINATE THE
ORDER FOR DETENTION.
(C) AN INDIVIDUAL WHO HAS BEEN DETAINED
UNDER THIS SECTION MAY PROVIDE THE TUBERCULOSIS CONTROL
UNIT WITH THE NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF RELATIVES
AND FRIENDS TO BE NOTIFIED OF THE DETENTION, AND THE
UNIT SHALL NOTIFY ALL OR A REASONABLE NUMBER OF THOSE
INDIVIDUALS. AN INDIVIDUAL WHO HAS BEEN DETAINED
SHALL NOT BE SUBJECT TO FORCIBLE ADMINISTRATION OF
ANTI-TUBERCULOSIS MEDICATION. THE INDIVIDUAL MAY, AT ANY TIME, SUBMIT A
REQUEST TO THE TUBERCULOSIS CONTROL UNIT TO BE RELEASED FROM DETENTION.
DURING ANY PROCEEDING PERTAINING TO AN INDIVIDUAL'S DETENTION OR PROPOSED
DETENTION, THE INDIVIDUAL HAS THE RIGHT TO BE REPRESENTED BY COUNSEL.
IF THE INDIVIDUAL IS INDIGENT, THE INDIVIDUAL MAY APPLY FOR
COURT-APPOINTED COUNSEL. THE COURT MAY APPOINT COUNSEL FOR THE
INDIVIDUAL IF IT DETERMINES THAT THE INDIVIDUAL IS INDIGENT.
Sec. 339.87. (A) WHEN A TUBERCULOSIS CONTROL UNIT HAS REASONABLE
GROUNDS TO BELIEVE THAT AN INDIVIDUAL WHO HAS, OR IS SUSPECTED OF HAVING,
ACTIVE TUBERCULOSIS POSES A SUBSTANTIAL DANGER TO THE HEALTH OF OTHER
INDIVIDUALS, THE TUBERCULOSIS CONTROL UNIT MAY ISSUE AN EMERGENCY DETENTION
ORDER DIRECTING A SHERIFF OR OTHER LAW ENFORCEMENT OFFICER TO REMOVE THE
INDIVIDUAL TO A HOSPITAL OR OTHER PLACE TO BE TREATED AND EXAMINED FOR
TUBERCULOSIS.
(B) NOT LATER THAN THE END OF THE THIRD BUSINESS DAY AFTER
DETENTION OF AN INDIVIDUAL UNDER DIVISION (A) OF THIS SECTION, THE
TUBERCULOSIS CONTROL UNIT SHALL APPLY TO THE PROBATE COURT OF THE COUNTY FROM
WHICH THE INDIVIDUAL WAS REMOVED FOR A DETENTION ORDER UNDER DIVISION
(B) OF SECTION 339.86 of the Revised Code. IF A REQUEST IS NOT FILED IN THAT TIME,
THE INDIVIDUAL SHALL BE IMMEDIATELY RELEASED. AN INDIVIDUAL RELEASED FOR THIS
REASON SHALL NOT BE DETAINED BY A SUBSEQUENT ORDER UNDER DIVISION (A)
OF THIS SECTION UNLESS THE TUBERCULOSIS CONTROL UNIT FIRST OBTAINS AN ORDER
FROM THE PROBATE COURT PURSUANT TO DIVISION (B) OF SECTION 339.86
of the Revised Code.
Sec. 339.88. THE EXPENSES INCURRED FOR DETENTION UNDER SECTION 339.86 OR
339.87 of the Revised Code SHALL BE PAID BY THE INDIVIDUAL
DETAINED OR IF THE INDIVIDUAL IS INDIGENT, BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY FROM WHICH THE INDIVIDUAL WAS REMOVED. THE BOARD
OF COUNTY COMMISSIONERS MAY APPLY TO THE DIRECTOR OF HEALTH FOR REIMBURSEMENT
UNDER SECTION 339.77 of the Revised Code FOR EXPENSES OF DETAINING INDIGENT INDIVIDUALS WITH
TUBERCULOSIS.
Sec. 3107.18. (A) Except when giving effect to such a decree would
violate the
public policy of this state, a court decree terminating the relationship of
parent and child, or establishing the relationship by adoption, issued
pursuant to due process of law by a court of any jurisdiction outside this
state, whether within or outside the United States, shall be recognized in
this state, and the rights and obligations of the parties as to all matters
within the jurisdiction of this state, including, without limitation,
those matters specified in section 3107.15 of the Revised Code, shall be
determined as though the decree were issued by a court of this state. A
decree or
certificate of adoption that is issued under the laws of a foreign country and
that is verified and approved by the immigration and naturalization service of
the United States shall be recognized in this state.
Nothing in this section prohibits a court from issuing a
final decree of adoption or interlocutory order of adoption
pursuant to section 3107.14 of the Revised Code for a person the
petitioner has adopted pursuant to a decree or certificate of adoption
recognized in this
state that was issued outside the
United States.
(B) If a child born in a foreign country is placed with adoptive
parents or an adoptive parent in this state for the purpose of adoption and if
the adoption previously has been finalized in the country of the child's
birth, the adoptive parent or parents may bring a petition in the probate
court in their county of residence, requesting that the court issue a
final
decree of adoption or an interlocutory order of adoption pursuant to section
3701.14 3107.14 of the Revised Code. In a proceeding on the
petition, proof of finalization of the
adoption outside the United States is prima-facie evidence
of the consent of the parties who are required to give consent even if the
foreign decree or certificate of adoption was issued with respect to only one
of two adoptive parents who seek to adopt the child in this state.
(C) At the request of a person who has adopted a person
pursuant to a decree or certificate of adoption recognized in this state that
was issued outside the United
States, the court
of the county in which the person making the request resides
shall order the department of health to issue a foreign birth
record for the adopted person under division
(A)(4) of section 3705.12 of the Revised Code. The court may specify a change
of name for the child and, if a
physician has recommended a revision of the birth date, a revised birth date.
The court
shall send to the department with its order a copy of the
foreign adoption decree or certificate of adoption and, if the foreign decree
or certificate of adoption is not in
English, a translation certified as to its accuracy by the
translator and provided by the person who requested the order.
Sec. 3313.55. The board of education of any school
district may establish such special schools as it deems necessary
for all persons who are afflicted with tuberculosis, and may
cause all youth, within such district, so afflicted, to be
excluded from the regular schools, and may provide for and pay
from the school funds, the expense of transportation of such
persons to and from such special schools. The board of any
school district in which is located a state, district, county, or
municipal hospital for children with tuberculosis or epilepsy or
any public institution, except state institutions for the care
and treatment of delinquent, unstable, or socially maladjusted
children, shall make provision for the education of all educable
children therein; except that in the event another school
district within the same county or an adjoining county is the
source of sixty per cent or more of the children in said hospital
or institution, the board of that school district shall make
provision for the education of all the children therein. In any
case IN WHICH A BOARD PROVIDES EDUCATIONAL FACILITIES UNDER THIS
SECTION, the board which THAT provides the
educational facilities shall be entitled to all moneys authorized for
the attendance of pupils as
provided in Chapter 3317. of the Revised Code;, tuition as
provided in section 3317.08 of the Revised Code;, and such
additional compensation as is provided for crippled children in
sections 3323.01 to 3323.12 of the Revised Code. Any board which
THAT provides the educational facilities for children in county or
municipal institutions established for the care and treatment of
children who are delinquent, unstable, or socially maladjusted
shall not be entitled to any moneys provided for crippled
children in sections 3323.01 to 3323.12 of the Revised Code.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and (C) of this section, any
student enrolled in kindergarten more than half time shall be reported as
one-half student under this section.
(A) The superintendent of each city and exempted
village school district and of each educational service center shall,
for the schools under the superintendent's supervision,
certify to the state board of
education on or before the fifteenth day of October in each year for
the first full school week in October the formula ADM,
which shall consist of the average daily membership during such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades kindergarten through twelve receiving any educational
services from the district,
except that the following categories of students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a compact,
cooperative education agreement, or a contract, but who are entitled to attend
school in another district pursuant to section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to sections 3317.081 and 3323.141 of the
Revised Code.
(2) On an FTE basis, the number of
students entitled to attend school in the district pursuant to
section 3313.64 or 3313.65 of the
Revised Code, but receiving educational
services in grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the Revised Code or Section 50.52 of
Amended Substitute House Bill No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code;
(d) An adjacent or other
school district under an open enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education district;
(f) Another school district
under a cooperative education agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a joint
vocational school district or under a vocational education compact;
(4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number reported under division
(A)(4) of this section shall be
zero.
(B) To enable the
department of education to obtain the data needed to complete
the calculation of payments pursuant to this chapter, in
addition to the formula ADM, each
superintendent shall report separately the following student
counts:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of this
section for kindergarten, and each of grades one through twelve in
schools under the
superintendent's supervision;
(2) The average daily membership of all handicapped preschool
children included in a unit approved for the district under section 3317.05
of the Revised Code, in accordance with rules adopted under
that section;
(3) The number of children entitled to attend school in
the district pursuant to section 3313.64 or 3313.65 of the
Revised Code who are participating in a
pilot project scholarship program established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section, are enrolled in a college under Chapter
3365. of the Revised Code, are enrolled in an adjacent or other
school district under section 3313.98 of the Revised Code,
are enrolled in a community school
established under Chapter 3314.
of the Revised Code or Section 50.52 of
Amended Substitute House Bill No. 215 of the
122nd general assembly, or are participating in a
program operated by a county MR/DD board or a state
institution;
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
handicapped children reported under division (A)(1) or (2) of this
section receiving category one special education
services, described in division (A) of section 3317.013 of the
Revised Code;
(6) The average daily membership of handicapped children reported under
division (A)(1) or (2) of this section receiving category two special
education services, described in division
(B) of section 3317.013 of the Revised Code;
(7) The average daily membership of handicapped children reported under
division (A)(1) or (2) of this section
identified as having any of the handicaps specified in division
(F)(3) of section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under division
(A)(1) or (2) of this section enrolled in
vocational education programs or classes operated by the school
district or by another district other than a joint vocational school district
or by an educational service center;
(9) The average number of children transported by the
school district on board-owned or contractor-owned and -operated buses,
reported in accordance with rules adopted by
the department of education;
(10)(a) The number of children, other than
handicapped preschool children, the district placed with a
county MR/DD board in fiscal
year 1998;
(b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board in the current
fiscal year to receive category one special education services,
described in division (A) of
section 3317.013 of the Revised
Code;
(c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board in the current
fiscal year to receive category two special education services,
described in division (B) of
section 3317.013 of the Revised
Code;
(d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board in the current
fiscal year to receive category three special education
services, described in division
(F)(3) of section 3317.02 of
the Revised
Code.
(C) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to (8) of this section shall be based
upon the number of full-time equivalent students. The state board of
education shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the purposes of divisions (A) and (B) of this
section. No child shall be
counted as more than a total of one child in the
sum of the average daily memberships of a
school district under division (A) or under divisions
(B)(1) to (8) of this section. Based on the information reported
under this section, the department of education shall determine the total
student count, as defined in section 3301.011 of the Revised Code, for each
school district.
(D) The superintendent of each joint vocational and
cooperative education school district shall certify to
the superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable average daily
memberships for all students in
the joint vocational or cooperative
education school district, also indicating the city, local, or
exempted village school district of residence for each pupil.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of membership for each school shall be maintained in such
manner that no pupil shall be counted as in membership prior to
the actual date of entry in the school and also in such
manner that where for any cause a pupil permanently withdraws
from the school that pupil shall not be counted as in
membership from and
after the date of such withdrawal. There shall not be included
in the membership of any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a public high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was not excused pursuant to division (C)(1) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for the following:
(a) Persons suffering from tuberculosis and receiving
treatment in any approved state, county, district, or municipal
tuberculosis hospital who have not graduated from the twelfth
grade of a public high school;
(b) Veterans VETERANS of the armed services whose attendance
was
interrupted before completing the recognized twelve-year course
of the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4)(b) of this section elects to
enroll in special courses organized for
veterans for whom tuition is paid under the provisions of federal
laws, or otherwise, that veteran shall not be included in
average daily membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education.
The average daily membership figure of any local, city, or
exempted village school district shall be determined by dividing
the figure representing the sum of the number of pupils enrolled
during each day the school of attendance is actually open for
instruction
during the first full school week in October by the total number
of days the school was actually open for instruction during that
week. For purposes of state funding, "enrolled" persons are only
those pupils who are attending school, those who have attended
school during the current school year and are absent for
authorized reasons, and those handicapped children currently
receiving home instruction.
The average daily membership figure of any joint vocational
or cooperative education school district shall be determined in
accordance with rules adopted by the state board of education.
(F)(1) If the formula ADM for the first full school
week in February is at
least three per cent greater than that certified for the first
full school week in the preceding October, the superintendent of
schools of any city or exempted village school district
or educational service center shall certify such increase to the
superintendent of public
instruction. Such certification shall be submitted no later than
the fifteenth day of February. For the balance of the fiscal
year, beginning with the February payments, the superintendent of
public instruction shall use the increased formula
ADM in calculating or recalculating the amounts to be allocated in
accordance with section 3317.022 of
the Revised
Code. In no event shall the superintendent use an increased
membership certified to the superintendent after the
fifteenth day of February.
(2) If during the first full school week in February the
total number of units for handicapped
preschool children that
are eligible for approval under division (B) of section 3317.05
of the Revised Code exceeds the number of such units
that have been approved for the year under such division, the
superintendent of schools of any city, exempted village,
or cooperative education school district or educational
service center shall make the certifications required by this
section for such week. If the state board of education
determines additional units can be approved for the
fiscal year within any limitations set forth in the acts
appropriating moneys for the funding of such units,
the board shall approve additional units for the fiscal year on
the basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount
computed in the manner prescribed in section
3317.161 or 3317.19 and section 3317.162 of the Revised Code.
(3) If during the first full school week in February the total number of
special education units that are eligible for approval under division (D)(1)
of section 3317.05 of the Revised Code for a joint vocational school district
exceeds the number of those units that have been approved for the year under
that division, the superintendent of the district shall make the
certifications required by this section for that week. If the state board of
education determines additional units can be approved for the fiscal year
within any limitations set forth in the acts appropriating moneys for the
funding of such units, the state board shall approve additional units for the
fiscal year on the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount computed in the
manner prescribed by section 3317.16 of the Revised Code.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's supervision,
certify to the state board of education the average daily
membership of all handicapped children in classes or programs
approved annually by the state board of education, in the manner prescribed
by the superintendent of public instruction.
(b) The superintendent of an
institution with vocational education units approved under
division (A) of section 3317.05 of the Revised
Code shall, for the units under
the superintendent's supervision, certify to the state board of
education the average daily membership in those units, in the
manner prescribed by the superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes or units approved by the state
board of education pursuant to section
3317.05 of the Revised Code shall
do both of the following:
(a) Certify to the state board, in the
manner prescribed by the board, the average daily
membership in classes and units approved under division
(D)(1) of section 3317.05 of the Revised Code for each
school district that has placed children in the classes or units;
(b) Certify to the state board, in the manner prescribed by the
board, the average daily
membership in preschool handicapped units
approved under division (B) of
section 3317.05 of the Revised Code.
(3) If during the first full school week in February the
average daily membership of the classes or units maintained by
the county MR/DD board that are eligible for approval under
division (D)(1) of section 3317.05
of the Revised Code is greater
than the average daily membership for the preceding October, the
superintendent of the board shall make the certifications
required by this section for such week and, if
during the first full school week in February the average daily
membership of the units maintained by the county MR/DD board
that are eligible for approval under division (B) of section 3317.05
of the Revised Code is greater than the average daily membership
for the preceding October, the superintendent shall certify the
average daily membership for the first full school week in
February for such units to the state board of education. If the
state board determines that additional classes or units can be
approved for the fiscal year within any limitations set forth in
the acts appropriating moneys for the funding of such classes and
units, the board shall approve and fund additional units for the
fiscal year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount
computed in the manner prescribed in sections
3317.161 and 3317.162 of the Revised Code.
(H) Except as provided in division (I)
of this section, when any city, local, or exempted village school
district provides instruction for a nonresident pupil whose
attendance is unauthorized attendance as defined in section
3327.06 of the Revised Code, that pupil's membership shall not be
included in that district's membership figure used in the
calculation of that district's formula
ADM or included in the determination of any unit approved for
the district under section 3317.05 of the Revised Code. The
reporting official shall report separately the average daily
membership of all pupils whose attendance in the district is
unauthorized attendance, and the membership of each such pupil
shall be credited to the school district in which the pupil is
entitled to attend school under division (B) of section 3313.64
or section 3313.65 of the Revised Code as determined by the
department of education.
(I)(1) A school district admitting a scholarship student
of a pilot project district pursuant to division (C) of section 3313.976
of the Revised Code may count such student in its average daily membership.
(2) In any year for which funds are appropriated for pilot project
scholarship programs, a school district implementing a state-sponsored pilot
project scholarship program that year pursuant to
sections 3313.974 through
3313.979 of the Revised Code may count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as defined in
division (A)(9) of section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such alternative
school.
Sec. 3701.01. As used in sections 3701.01, 3701.04,
3701.08, 3701.09, and 3701.37 to 3701.45 of the
Revised Code:
(A) "The federal act" means Title VI of the "Public Health
Service Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended.
(B) "The surgeon general" means the surgeon general of the
public health service of the United States or such other officer
or employee of the United States responsible for administration
of the federal act.
(C) "Hospital" includes public health centers and general,
tuberculosis, mental, chronic disease, and other types of
hospitals, and related facilities, such as laboratories,
outpatient departments, nurses' home facilities, extended care
facilities, self-care units, and central service facilities
operated in connection with hospitals, and also includes
education and training facilities for health professions
personnel operated as an integral part of a hospital, but does
not include any hospital furnishing primarily domiciliary care.
(D) "Public health center" means a publicly owned facility
for the housing of the public health services of a community and
one which makes available equipment to aid physicians in the
prevention, diagnosis, and treatment of disease.
(E) "Nonprofit hospital," or "nonprofit" as applied to a
facility, means any hospital or facility owned and operated by
one or more nonprofit corporations or associations no part of the
net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
(F) "Medical facilities" means outpatient facilities,
rehabilitation facilities, and facilities for long-term care,
including nursing homes, as those terms are defined in the
federal act, and such other facilities for which federal aid may
be authorized under the federal act.
Sec. 3701.14. (A) The director of health shall make inquiry as
to the cause of disease, especially when contagious, infectious,
epidemic, or endemic, and take prompt action to control and
suppress it. The reports of births and deaths, the sanitary
conditions and effects of localities and employments, the
personal and business habits of the people, and the relation of
the diseases of man and beast, shall be subjects of study by the
director. The director may make and execute orders necessary to
protect the people against diseases of lower animals, and shall
collect and preserve information in respect to such matters and
kindred subjects as may be useful in the discharge of the
director's duties,
and for dissemination among the people. When called upon by the
state or local governments, or the board of health of a
general or city health district, the director shall promptly
investigate
and report upon the water supply, sewerage, disposal of excreta
of any locality, and the heating, plumbing, and ventilation of a
public building.
The (B) WITH REGARD TO TUBERCULOSIS, THE FOLLOWING APPLY:
(1) THE DIRECTOR SHALL MAKE PAYMENTS TO BOARDS OF COUNTY COMMISSIONERS IN
ACCORDANCE WITH SECTION 339.77 OF THE REVISED CODE;
(2) THE director shall maintain registries of hospitals, clinics,
physicians,
or other care providers to whom the director shall refer persons who make
inquiries to the department of health regarding possible exposure to
tuberculosis;
(3) THE DIRECTOR SHALL ENGAGE IN TUBERCULOSIS SURVEILLANCE ACTIVITIES,
INCLUDING THE
COLLECTION AND ANALYSIS OF EPIDEMIOLOGICAL INFORMATION RELATIVE
TO THE FREQUENCY OF TUBERCULOSIS INFECTION, DEMOGRAPHIC AND
GEOGRAPHIC DISTRIBUTION OF TUBERCULOSIS CASES, AND TRENDS
PERTAINING TO TUBERCULOSIS;
(4) THE DIRECTOR SHALL MAINTAIN A TUBERCULOSIS REGISTRY
TO RECORD THE INCIDENCE OF TUBERCULOSIS IN THIS STATE;
(5) THE DIRECTOR MAY APPOINT
PHYSICIANS TO SERVE AS TUBERCULOSIS CONSULTANTS FOR GEOGRAPHIC
REGIONS OF THE STATE SPECIFIED BY THE DIRECTOR. EACH
TUBERCULOSIS CONSULTANT SHALL ACT IN ACCORDANCE WITH GUIDELINES
ESTABLISHED BY THE DIRECTOR AND SHALL BE RESPONSIBLE FOR
ADVISING AND ASSISTING PHYSICIANS AND OTHER HEALTH CARE
PRACTITIONERS WHO PARTICIPATE IN THE PREVENTION, CARE,
TREATMENT, AND CONTROL OF TUBERCULOSIS AND FOR
REVIEWING MEDICAL RECORDS PERTAINING TO THE TREATMENT
PROVIDED TO INDIVIDUALS WITH TUBERCULOSIS.
(6) THE PUBLIC HEALTH COUNCIL SHALL
ADOPT RULES ESTABLISHING STANDARDS FOR THE FOLLOWING:
(a) PERFORMING TUBERCULOSIS SCREENINGS;
(b) PERFORMING EXAMINATIONS OF INDIVIDUALS WHO HAVE BEEN
EXPOSED TO TUBERCULOSIS AND INDIVIDUALS WHO ARE SUSPECTED OF
HAVING TUBERCULOSIS;
(c) PROVIDING TREATMENT TO INDIVIDUALS WITH TUBERCULOSIS;
(d) METHODS OF PREVENTING INDIVIDUALS WITH COMMUNICABLE
TUBERCULOSIS FROM INFECTING OTHER INDIVIDUALS;
(e) PERFORMING LABORATORY TESTS FOR TUBERCULOSIS AND STUDIES
OF THE RESISTANCE OF TUBERCULOSIS TO ONE OR MORE DRUGS;
(f) SELECTING LABORATORIES THAT PROVIDE IN A TIMELY FASHION THE
RESULTS OF A LABORATORY TEST FOR TUBERCULOSIS. THE STANDARDS SHALL INCLUDE A
REQUIREMENT THAT FIRST CONSIDERATION BE GIVEN TO LABORATORIES LOCATED IN THIS
STATE.
THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH
CHAPTER 119. OF THE REVISED CODE AND SHALL
BE CONSISTENT WITH ANY RECOMMENDATIONS OR GUIDELINES ON
TUBERCULOSIS ISSUED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION OF THE UNITED STATES PUBLIC HEALTH
SERVICE OR BY THE AMERICAN THORACIC SOCIETY. THE RULES SHALL APPLY
TO COUNTY OR DISTRICT TUBERCULOSIS CONTROL
UNITS, PHYSICIANS WHO EXAMINE AND TREAT INDIVIDUALS FOR
TUBERCULOSIS, AND LABORATORIES THAT PERFORM TESTS FOR
TUBERCULOSIS.
Sec. 3702.62. (A) Any action pursuant to section 140.03, 140.04, 140.05,
307.091, 313.21, 339.01, 339.021, 339.03, 339.06, 339.08, 339.09,
339.12, 339.14, 339.21, 339.231, 339.24, 339.31, 339.36, 339.39,
513.05,
513.07, 513.08, 513.081, 513.12, 513.15, 513.17, 513.171, 749.02, 749.14,
749.16, 749.20, 749.25, 749.28, 749.35, 1751.06, or
3707.29 of the Revised Code shall be taken in accordance with sections 3702.51
to 3702.61 of the Revised Code.
(B) A nursing home certified as an intermediate care facility for the
mentally retarded under Title XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, that is required to apply for licensure
as a residential facility under section 5123.19 of the Revised Code is not,
with respect to the portion of the home certified as an intermediate care
facility for the mentally retarded, subject to sections 3702.51 to 3702.61 of
the Revised Code.
Sec. 3727.01. As used in this section, "health maintenance
organization" means a public or private organization organized
under the law of any state that is qualified under section
1310(d) of Title XIII of the "Public Health Service Act," 87
Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the
following:
(A) Provides or otherwise makes available to enrolled
participants health care services including at least the
following basic health care services: usual physician services,
hospitalization, laboratory, x-ray, emergency and preventive
service, and out-of-area coverage;
(B) Is compensated, except for copayments, for the
provision of basic health care services to enrolled participants
by a payment that is paid on a periodic basis without regard to
the date the health care services are provided and that is fixed
without regard to the frequency, extent, or kind of health
service actually provided;
(C) Provides physician services primarily in either of the
following ways:
(1) Directly through physicians who are either employees
or partners of the organization;
(2) Through arrangements with individual physicians or one
or more groups of physicians organized on a group-practice or
individual-practice basis.
As used in this chapter, "hospital" means an institution
classified as a hospital under section 3701.07 of the Revised
Code in which are provided to inpatients diagnostic, medical,
surgical, obstetrical, psychiatric, or rehabilitation care for a
continuous period longer than twenty-four hours; a tuberculosis
hospital; or a hospital operated by a health maintenance
organization. "Hospital" does not include a facility licensed
under Chapter 3721. of the Revised Code, a health care facility
operated by the department of mental health or the department of
mental retardation and developmental disabilities, a health
maintenance organization that does not operate a hospital, the
office of any private licensed health care professional, whether
organized for individual or group practice, or a clinic that
provides ambulatory patient services and where patients are not
regularly admitted as inpatients. "Hospital" also does not include an
institution for
the sick that is operated exclusively for patients who use spiritual means for
healing and for whom the acceptance of medical care is inconsistent with their
religious beliefs, accredited by a national accrediting organization, exempt
from federal income taxation under section 501 of the Internal
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,
as
amended, and providing twenty-four hour nursing care pursuant to the exemption
in division (G) of section 4723.32 of the Revised Code from the licensing
requirements of Chapter 4723. of the Revised Code.
Sec. 5705.01. As used in this chapter:
(A) "Subdivision" means any county; municipal corporation;
township; township police district; township fire district; joint
fire district; joint ambulance district; joint emergency medical services
district; fire and ambulance district; joint recreation
district; township waste disposal district; township road
district; community college district; technical college district;
detention home district; a district organized under section
2151.65 of the Revised Code; a combined district organized under
sections 2151.34 and 2151.65 of the Revised Code; a joint-county
alcohol, drug addiction, and mental health service district; a
drainage improvement district created under section 6131.52 of
the Revised Code; a union cemetery district; a county school
financing district; or a city, local, exempted village,
cooperative education, or joint vocational school district.
(B) "Municipal corporation" means all municipal
corporations, including those that have adopted a charter under
Article XVIII, Ohio Constitution.
(C) "Taxing authority" or "bond issuing authority" means,
in the case of any county, the board of county commissioners; in
the case of a municipal corporation, the council or other
legislative authority of the municipal corporation; in the case
of a city, local, exempted village, cooperative education, or
joint vocational school district, the board of education; in the
case of a community college district, the board of trustees of
the district; in the case of a technical college district, the
board of trustees of the district; in the case of a detention
home district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2151.34 and 2151.65 of the Revised Code, the joint board of
county commissioners of the district; in the case of a township,
the board of township trustees; in the case of a joint fire
district, the board of fire district trustees; in the case of a
joint recreation district, the joint recreation district board of
trustees; in the case of a joint-county alcohol, drug addiction,
and mental health service district, the district's board of
alcohol, drug addiction, and mental health services; in the case
of a joint ambulance district or a fire and ambulance district, the board of
trustees of the
district; in the case of a union cemetery district, the
legislative authority of the municipal corporation and the board
of township trustees, acting jointly as described in section
759.341 of the Revised Code; in the case of a drainage
improvement district, the board of county commissioners of the
county in which the drainage district is located; in the case of a joint
emergency medical services district, the joint board of county commissioners
of all counties in which all or any part of the district lies; and in the case
of a township police district, a township fire district, a
township road district, or a township waste disposal district,
the board of township trustees of the township in which the
district is located. "Taxing authority" also means the
educational service center governing board that
serves as the taxing authority of a
county school financing district as provided in section 3311.50
of the Revised Code.
(D) "Fiscal officer" in the case of a county, means the
county auditor; in the case of a municipal corporation, the city
auditor or village clerk, or such officer as, by virtue of the
charter, has the duties and functions of the city auditor or
village clerk, except that in the case of a municipal university
the board of directors of which have assumed, in the manner
provided by law, the custody and control of the funds of the
university, the chief accounting officer of the university shall
perform, with respect to the funds, the duties vested in the
fiscal officer of the subdivision by sections 5705.41 and 5705.44
of the Revised Code; in the case of a school district, the
treasurer of the board of education; in the case of a county
school financing district, the treasurer of the educational
service center governing board that serves as the
taxing authority; in the case of a
township, the township clerk; in the case of a joint fire
district, the clerk of the board of fire district trustees; in
the case of a joint ambulance district, the clerk of the board of
trustees of the district; in the case of a joint emergency medical services
district, the person appointed as fiscal officer pursuant to division (D) of
section 307.053 of the Revised Code; in the case of a fire and ambulance
district, the person appointed as fiscal officer pursuant to division (B) of
section 505.375 of the Revised Code; in the case of a joint recreation
district, the person designated pursuant to section 755.15 of the
Revised Code; in the case of a union cemetery district, the clerk
of the municipal corporation designated in section 759.34 of the
Revised Code; in the case of a children's home district,
tuberculosis hospital district, educational
service center, general
health district, joint-county alcohol, drug addiction, and mental
health service district, county library district, detention home
district, district organized under section 2151.65 of the Revised
Code, a combined district organized under sections 2151.34 and
2151.65 of the Revised Code, or a metropolitan park district for
which no treasurer has been appointed pursuant to section 1545.07
of the Revised Code, the county auditor of the county designated
by law to act as the auditor of the district; in the case of a
metropolitan park district which has appointed a treasurer
pursuant to section 1545.07 of the Revised Code, that treasurer;
in the case of a drainage improvement district, the auditor of
the county in which the drainage improvement district is located;
and in all other cases, the officer responsible for keeping the
appropriation accounts and drawing warrants for the expenditure
of the moneys of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any
property, asset, or improvement with an estimated life or
usefulness of five years or more, including land and interests
therein, and reconstructions, enlargements, and extensions
thereof having an estimated life or usefulness of five years or
more.
(F) "Current operating expenses" and "current expenses"
mean the lawful expenditures of a subdivision, except those for
permanent improvements, and except payments for interest, sinking
fund, and retirement of bonds, notes, and certificates of
indebtedness of the subdivision.
(G) "Debt charges" means interest, sinking fund, and
retirement charges on bonds, notes, or certificates of
indebtedness.
(H) "Taxing unit" means any subdivision or other
governmental district having authority to levy taxes on the
property in the district or issue bonds that constitute a charge
against the property of the district, including conservancy
districts, metropolitan park districts, sanitary districts, road
districts, and other districts.
(I) "District authority" means any board of directors,
trustees, commissioners, or other officers controlling a district
institution or activity that derives its income or funds from two
or more subdivisions, such as the educational
service center, the
trustees of district tuberculosis hospitals and district
children's homes, the district board of health, a joint-county
alcohol, drug addiction, and mental health service district's
board of alcohol, drug addiction, and mental health services,
detention home districts, a joint recreation district board of
trustees, districts organized under section 2151.65 of the
Revised Code, combined districts organized under sections 2151.34
and 2151.65 of the Revised Code, and other such boards.
(J) "Tax list" and "tax duplicate" mean the general tax
lists and duplicates prescribed by sections 319.28 and 319.29 of
the Revised Code.
(K) "Property" as applied to a tax levy means taxable
property listed on general tax lists and duplicates.
(L) "School library district" means a school district in
which a free public library has been established that is under
the control and management of a board of library trustees as
provided in section 3375.15 of the Revised Code.
Sec. 5705.191. The taxing authority of any subdivision,
other than the board of education of a school district or the
taxing authority of a county school financing district, by a vote
of two-thirds of all its members, may declare by resolution that
the amount of taxes that may be raised within the ten-mill
limitation by levies on the current tax duplicate will be
insufficient to provide an adequate amount for the necessary
requirements of the subdivision, and that it is necessary to levy
a tax in excess of such limitation for any of the purposes in
section 5705.19 of the Revised Code, or to supplement the general
fund for the purpose of making appropriations for one or more of
the following purposes: public assistance, human or social
services, relief, welfare, hospitalization, health, and support
of general or tuberculosis hospitals, and that the question of
such additional tax levy shall be submitted to the electors of
the subdivision at a general, primary, or special election to be
held at a time therein specified. Such resolution shall not
include a levy on the current tax list and duplicate unless such
election is to be held at or prior to the general election day of the current
tax year. Such
resolution shall conform to the requirements of section 5705.19
of the Revised Code, except that a levy to supplement the general
fund for the purposes of public assistance, human or social
services, relief, welfare, hospitalization, health, or the
support of general or tuberculosis hospitals may not be for a
longer period than ten years. All other levies under this
section may not be for a longer period than five years unless a
longer period is permitted by section 5705.19 of the Revised
Code, and the resolution shall specify the date of holding such
election, which shall not be earlier than seventy-five days after
the adoption and certification of such resolution. The
resolution shall go into immediate effect upon its passage and no
publication of the same is necessary other than that provided for
in the notice of election. A copy of such resolution,
immediately after its passage, shall be certified to the board of
elections of the proper county or counties in the manner provided
by section 5705.25 of the Revised Code, and such section shall
govern the arrangements for the submission of such question and
other matters with respect to such election, to which section
5705.25 of the Revised Code refers, excepting that such election
shall be held on the date specified in the resolution, which
shall be consistent with the requirements of section 3501.01 of
the Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year
and provided that a special election may be held upon the same
day a primary election is held. Publication of notice of such
election shall be made in one or more newspapers of general
circulation in the county once a week for four consecutive weeks.
If a majority of the electors voting on the question in an
election held on the day of a primary, presidential primary, or general
election, or fifty-five per cent of those voting on the question at a
special election held on any other day vote in favor thereof,
or, when the question is a levy proposed for purposes under
division (L) of section 5705.19 of the Revised Code, if a
majority of those voting on the question at a special election
held on any other day vote in favor thereof, the taxing authority
of the subdivision may make the necessary levy within such
subdivision at the additional rate or at any lesser rate outside
the ten-mill limitation on the tax list and duplicate for the
purpose stated in the resolution. Such tax levy shall be
included in the next annual tax budget that is certified to the
county budget commission.
After the approval of such a levy by
the
electors, the taxing authority of the subdivision may anticipate a
fraction
of the proceeds of such levy and issue anticipation notes. In
the case of a continuing levy that is not levied for the purpose of current
expenses, notes may be issued at any time after approval of the
levy in an amount
not more than fifty per cent of the total estimated proceeds of
the levy for the succeeding ten years, less an
amount equal to the fraction of the proceeds of the levy previously
anticipated by the issuance
of anticipation notes. In the case of a levy for a
fixed period that is not for the purpose of current expenses, notes may
be issued at any time after approval of the levy in an amount not more
than fifty per cent of the total estimated proceeds of the levy
throughout the remaining life of the levy, less an amount
equal to the fraction of the proceeds of the levy previously anticipated by
the issuance of anticipation notes. In the case
of a levy for current expenses, notes may be issued after the
approval of the levy by the electors and prior to the time when the
first tax collection from the levy can be made. Such notes may
be issued in an amount not more than fifty per cent of the total
estimated proceeds of the levy throughout the term of the levy
in the case of a levy for a fixed period, or fifty per cent of
the total estimated proceeds for the first ten years of the levy
in the case of a continuing levy.
No anticipation notes that increase the net
indebtedness of a county may be issued without the prior consent
of the board of county commissioners of that county. The notes
shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the
year of their issuance over a period not exceeding the life of
the levy anticipated, and may have a principal payment in the
year of their issuance.
"Taxing authority" and "subdivision" have the same meanings
as in section 5705.01 of the Revised Code.
This section is supplemental to and not in derogation of
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.
Sec. 5705.20. The board of county commissioners of any
county, in any year, after providing the normal and customary
percentage of the total general fund appropriations for the
support of tuberculosis hospitals, or for the care, treatment,
and maintenance of residents of the county who are suffering from
tuberculosis at hospitals with which the board has contracted
pursuant to section 339.20 of the Revised Code, or for the
support of tuberculosis clinics established pursuant to section
339.36 or section 339.39 339.76 of the Revised Code, by
vote of
two-thirds of all the members of said board may declare by
resolution that the amount of taxes which may be raised within
the ten-mill limitation will be insufficient to provide an
adequate amount for the support of tuberculosis hospitals, or for
the care, treatment, and maintenance of residents of the county
who are suffering from tuberculosis at hospitals with which the
board has contracted pursuant to such section, or for the support
of tuberculosis clinics established pursuant to such sections
SECTION 339.76 OF THE REVISED CODE,
and that it is necessary to levy a tax in excess of the ten-mill
limitation to supplement such general fund appropriations for
such purpose, but the total levy for this purpose shall not
exceed sixty-five one hundredths of a mill.
Such resolution shall conform to section 5705.19 of the
Revised Code and be certified to the board of elections not less
than seventy-five days before the general election and submitted
in the manner provided in section 5705.25 of the Revised Code.
If the majority of electors voting on a levy to supplement
general fund appropriations for the support of tuberculosis
hospitals, or for the care, treatment, and maintenance of
residents of the county who are suffering from tuberculosis at
hospitals with which the board has contracted pursuant to section
339.20 of the Revised Code, or for the support of tuberculosis
clinics established pursuant to section 339.36 or 339.39
339.76 of the
Revised Code, vote in favor thereof, the board of said county may
levy a tax within such county at the additional rate in excess of
the ten-mill limitation during the period and for the purpose
stated in the resolution or at any less rate or for any of said
years.
Sec. 5705.25. (A) A copy of any resolution adopted as
provided in section 5705.19 of the Revised Code shall be
certified by the taxing authority to the board of elections of
the proper county not less than seventy-five days before the
general election in any year, and the board shall submit the
proposal to the electors of the subdivision at the succeeding
November election. Except as otherwise provided in this
division, a resolution to renew an existing levy, regardless of
the section of the Revised Code under which the tax was imposed,
shall not be placed on the ballot unless the question is
submitted at the general election held during the last year the
tax to be renewed or replaced may be extended on the real and
public utility property tax list and duplicate, or at any
election held in the ensuing year. The limitation of the
foregoing sentence does not apply to a resolution to renew and
increase or to renew part of an existing levy that was imposed
under section 5705.191 of the Revised Code to supplement the
general fund for the purpose of making appropriations for one or
more of the following purposes: for public assistance, human or
social services, relief, welfare, hospitalization, health, and
support of general or tuberculosis hospitals. The board shall
make the necessary arrangements for the submission of such
questions to the electors of such subdivision, and the election
shall be conducted, canvassed, and certified in the same manner
as regular elections in such subdivision for the election of
county officers. Notice of the election shall be published in a
newspaper of general circulation in the subdivision once a week
for four consecutive weeks prior to the election, stating the
purpose, the proposed increase in rate, expressed in dollars and
cents for each one hundred dollars of valuation as well as in
mills for each one dollar of valuation, the number of years
during which such increase will be in effect, the first month and year in
which the
tax will be levied, and the time and place of the election.
(B) The form of the ballots cast at an election held
pursuant to division (A) of this section shall be as follows:
"An additional tax for the benefit of (name of subdivision
or public library) .......... for the purpose of (purpose stated
in the resolution) .......... at a rate not exceeding ......
mills for each one dollar of valuation, which amounts to (rate
expressed in dollars and cents) ............ for each one hundred
dollars of valuation, for ...... (life of indebtedness or number
of years the levy is to run).
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(C) If the levy is to be in effect for a continuing period
of time, the notice of election and the form of ballot shall so
state instead of setting forth a specified number of years for
the levy.
If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number of years
the levy is to run, the phrase ", beginning in .......... (first month and
year the tax
is to be levied)."
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
division (B) of this section may be changed by substituting for
the words "An additional" at the beginning of the form, the
words
"A renewal of a" in case of a proposal to renew an existing levy
in the same amount; the words "A renewal of ........ mills and an
increase of ...... mills to constitute a" in the case of an
increase; or the words "A renewal of part of an existing levy,
being a reduction of ...... mills, to constitute a" in the case
of a decrease in the proposed levy.
The question covered by such resolution shall be submitted
as a separate proposition but may be printed on the same ballot
with any other proposition submitted at the same election, other
than the election of officers. More than one such question may
be submitted at the same election.
(D) A levy voted in excess of the ten-mill limitation
under this section shall be certified to the tax commissioner.
In the first year of such levy, it shall be extended on the tax
lists after the February settlement succeeding such
election. If such additional tax is to be placed upon the tax
list of the current year, as specified in the resolution
providing for its submission, the result of the election shall be
certified immediately after the canvass by the board of elections
to the taxing authority, who shall forthwith make the necessary
levy and certify it to the county auditor, who shall extend it on
the tax lists for collection. After the first year, the tax levy
shall be included in the annual tax budget that is certified to
the county budget commission.
Section 2. That existing sections 124.11, 329.05, 339.11, 339.16,
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,
3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01,
5705.191, 5705.20, and 5705.25 and sections
339.20, 339.21, 339.22, 339.23, 339.231, 339.24, 339.25, 339.26,
339.27, 339.28, 339.29, 339.30, 339.31, 339.32, 339.33, 339.34,
339.35, 339.36, 339.37,
339.40,
339.41, 339.45, 339.46, 339.47, 339.50, 339.51, 339.52, 339.53, 339.54,
339.55, 339.56,
339.57, 339.58, 339.59, 339.60, 339.61, 339.62, 339.63,
339.64, 339.99, 3335.43, 3701.84, and 3707.11 of the Revised Code are hereby
repealed.
Section 3. A board of county commissioners that, on the
effective date of this act, has taken measures for the
prevention and control of tuberculosis shall, on and after the
effective date of this act, maintain at least the same level of
effort for the prevention and control of tuberculosis. The
board shall negotiate modifications in any contracts or other agreements that
have
been entered into prior to the effective date of this act in
order to bring them into compliance with the system of tuberculosis prevention
and
control established by this act.
Section 4. Section 5705.01 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General Assembly, with the new
language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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