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Am. Sub. H. B. No. 40As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Calvert (By Request), D. Evans, Hoops
A BILL
To amend sections
5104.01, 5104.04, 5104.30, 5104.32,
5104.34, 5104.35, 5104.38, 5104.39, 5139.41, 5739.031, 5739.032, 5739.12,
5739.122, 5739.21, 5741.03, 5741.12, and 5741.121
and to enact sections 107.31, 107.32, 5101.31, and 5104.382 of the Revised Code to make program and budgetary modifications, to establish provisions regarding the possible closing of state institutional facilities for the purpose of expenditure reductions or budget cuts, to amend the versions of sections 5739.031, 5739.12, and 5741.12 of the Revised Code that are scheduled to take effect July 1, 2003, to continue the provisions of this act on and after that effective date, to amend Section 125 of Am. Sub. H.B. 94 of the 124th General Assembly, as subsequently amended, to amend Section 142 of Am. Sub. H.B. 94 of the 124th General Assembly, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5104.01, 5104.04, 5104.30, 5104.32,
5104.34, 5104.35, 5104.38, 5104.39, 5139.41, 5739.031, 5739.032, 5739.12,
5739.122, 5739.21, 5741.03, 5741.12, and 5741.121 be amended and sections 107.31, 107.32, 5101.31, and 5104.382 of the Revised Code be enacted to read as follows:
Sec. 107.31. (A) As used in this section and section 107.32 of the Revised Code:
(1) "State institutional facility" means any institution or other facility for the housing of any person that is under the control of the department of rehabilitation and correction, the department of youth services, the department of mental retardation and developmental disabilities, the department of mental health, or any other agency or department of state government.
(2) "Target state agency" means the agency of state government that the governor identifies in a notice provided under division (C)(1) of this section and that operates an institutional facility or facilities the governor believes should be closed.
(B) Notwithstanding any other provision of law, the governor shall not order the closure of any state institutional facility, for the purpose of expenditure reductions or budget cuts, other than in accordance with this section.
(C) If the governor determines that necessary expenditure reductions and budget cuts cannot be made without closing one or more state institutional facilities, all of the following apply:
(1) The governor shall determine which state agency's institutional facility or facilities the governor believes should be closed, shall notify the general assembly and that agency of that determination, and shall specify the number of facilities of that agency that the governor believes should be closed.
(2) Upon the governor's provision of the notice described in division (C)(1) of this section, the state facilities closure commission is hereby created as described in division (D) of this section, regarding the target state agency. Not later than seven days after the governor provides that notice, the officials with the duties to appoint members of the commission for the target state agency, as described in division (D) of this section, shall appoint the specified members of the commission, and, as soon as possible after the appointments, the commission shall meet for the purposes described in that division. Not later than thirty days after the governor provides the notice described in division (C)(1) of this section, the state facilities closure commission shall provide a report to the general assembly, the governor, and the target state agency that contains the commission's recommendation as to the state institutional facility or facilities of the target state agency that the governor may close. The commission's recommendation shall identify the same number of state institutional facilities as the governor specified in the governor's notice provided under division (C)(1) of this section, and, if the recommendation identifies more than one facility, it shall list them in order of the commission's preference for closure. A state facilities closure commission created for a particular target state agency shall make a report only regarding that target state agency and shall include no recommendations regarding any other state agency or department in its report. (3) Upon receipt of the report of the state facilities closure commission under division (C)(2) of this section for a target state agency, if the governor still believes that necessary expenditure reductions and budget cuts cannot be made without closing one or more state institutional facilities, the governor may close state institutional facilities of the target state agency that are identified in the commission's recommendation contained in the report. Except as otherwise provided in this division, the governor shall not close any state institutional facility of the target state agency that is not listed in the commission's recommendation, and shall not close multiple institutions in any order other than the order of the commission's preference as specified in the recommendation. The governor is not required to follow the recommendation of the commission in closing an institutional facility if the governor determines that a significant change in circumstances make the recommendation unworkable. (D) The state facilities closure commission shall be created at the time and in the manner specified in division (C)(2) of this section. If more than one state agency or department is a target state agency, a separate state facilities closure commission shall be created for each such target state agency. The commission consists of eleven members. Three members shall be members of the house of representatives appointed by the speaker of the house of representatives, none of the members so appointed may have a state institutional facility of the target state agency in the member's district, two of the members so appointed shall be members of the majority political party in the house of representatives, and one of the members so appointed shall not be a member of majority political party in the house of representatives. Three members shall be members of the senate appointed by the president of the senate, none of the members so appointed may have a state institutional facility of the target state agency in the member's district, two of the members so appointed shall be members of the majority political party in the senate, and one of the members so appointed shall not be a member of majority political party in the senate. One member shall be the director of budget and management. One member shall be the director, or other agency head, of the target state agency. Two members shall be private executives with expertise in facility utilization, with one of these members appointed by the speaker of the house of representatives and one of them appointed by the president of the senate, and neither of the members so appointed may have a state institutional facility of the target state agency in the county in which the member resides. One member shall be a representative of the Ohio civil service employees' association or other representative association of the employees of the target state agency, appointed by the speaker of the house of representatives. The officials with the duties to appoint members of the commission shall make the appointments, and the commission shall meet, within the time periods specified in division (C)(2) of this section. The members of the commission shall serve without compensation. At the commission's first meeting, the members shall organize, and appoint a chairperson and vice-chairperson.
The commission shall determine which state institutional facility or facilities under the control of the target state agency for which the commission was created should be closed. In making this determination, the commission shall, at a minimum, consider the following factors:
(1) Whether there is a need to reduce the number of facilities;
(2) The availability of alternate facilities; (3) The cost effectiveness of the facilities;
(4) The geographic factors associated with each facility and its proximity to other similar facilities;
(5) The impact of collective bargaining on facility operations;
(6) The utilization and maximization of resources;
(7) Continuity of the staff and ability to serve the facility population;
(8) Continuing costs following closure of a facility;
(9) The impact of the closure on the local economy;
(10) Alternatives and opportunities for consolidation with other facilities.
The
commission shall meet as often as necessary to make its determination, may take testimony and consider all relevant information, and shall prepare and provide in accordance with division (C)(2) of this section a report containing its recommendations. Upon providing the report regarding the target state agency, the commission shall cease to exist, provided that another commission shall be created for the same state agency if the agency is made a target state agency in another report provided under division (C)(1) of this section and provided that another commission shall be created for a different state agency if that agency is made a target state agency in a report provided under that division.
Sec. 107.32. Notwithstanding any other provision of law, if the closure of the particular facility is authorized under section 107.31 of the Revised Code, the governor may terminate any contract entered into under section 9.06 of the Revised Code for the private operation and management of any correctional facility under the control of the department of rehabilitation and correction, including, but not limited to the initial intensive program prison established pursuant to section 5120.033 of the Revised Code as it existed prior to the effective date of this section, and terminate the operation of, and close that facility. If the governor terminates a contract for the private operation and management of a facility, and terminates the operation of, and closes, the facility as described in this section, inmates in the facility shall be transferred to another correctional facility under the control of the department. If the initial intensive program prison is closed, divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code have no effect while the facility is closed.
Sec. 5101.31. Any record, data, pricing information, or other information regarding a drug rebate agreement or a supplemental drug rebate agreement for the medicaid program established under Chapter 5111. of the Revised Code or the disability medical assistance program established under section 5115.10 of the Revised Code that the department of job and family services receives from a pharmaceutical manufacturer or creates pursuant to negotiation of the agreement is not a public record under section 149.43 of the Revised Code and shall be treated by the department as confidential information.
Sec. 5104.01. As used in this chapter: (A)
"Administrator" means the person responsible for the
daily operation of a center or type A home. The administrator
and
the owner may be the same person. (B)
"Approved child day camp" means a child day camp
approved pursuant to section 5104.22 of the Revised Code. (C)
"Authorized provider" means a person authorized by a
county director of job and family services to operate a
certified
type B family day-care home. (D)
"Border state child day-care provider" means a child
day-care
provider
that is located in a state bordering Ohio and
that is licensed,
certified,
or otherwise approved by that state
to provide child day-care. (E)
"Caretaker parent" means the father or mother of a
child
whose presence in the home is needed as the caretaker of
the
child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child. (F)
"Certified type B family day-care home" and
"certified
type B home" mean a type B family day-care home
that is certified
by the director of the county department of
job and family
services pursuant to section 5104.11 of the Revised Code
to
receive public funds for providing child day-care pursuant to this
chapter
and
any rules adopted under it. (G)
"Chartered nonpublic school" means a school that
meets
standards for nonpublic schools prescribed by the state
board of
education for nonpublic schools pursuant to section
3301.07 of the
Revised Code. (H)
"Child" includes an infant, toddler, preschool child,
or
school child. (I)
"Child care block grant act" means the
"Child
Care and
Development Block Grant
Act of 1990," established in section 5082
of the
"Omnibus
Budget Reconciliation Act of 1990," 104
Stat.
1388-236 (1990), 42
U.S.C. 9858, as
amended. (J)
"Child day camp" means a program in which only school
children attend or participate, that operates for no more than
seven hours per day, that operates only during one or more public
school district's regular vacation periods or for no more than
fifteen weeks during the summer, and that operates outdoor
activities for each child who attends or participates in the
program for a minimum of fifty per cent of each day that children
attend or participate in the program, except for any day when
hazardous weather conditions prevent the program from operating
outdoor activities for a minimum of fifty per cent of that day.
For purposes of this division, the maximum seven hours of
operation time does not include transportation time from a
child's
home to a child day camp and from a child day camp to a
child's
home. (K)
"Child day-care" means administering to the needs of
infants, toddlers, preschool children, and school
children outside
of school hours by persons other than their parents or
guardians,
custodians, or relatives by blood, marriage, or
adoption for any
part of the twenty-four-hour day in a place or
residence other
than a child's own home. (L)
"Child day-care center" and
"center" mean any place
in
which child day-care or publicly funded child day-care is
provided
for thirteen or more children at one time or any place
that is not
the permanent residence of the licensee or
administrator in which
child day-care or publicly funded child
day-care is provided for
seven to twelve children at one time.
In counting children for
the purposes of this division, any
children under six years of age
who are related to a licensee,
administrator, or employee and who
are on the premises of the
center shall be counted.
"Child
day-care center" and
"center" do
not include any of the following: (1) A place located in and operated by a hospital, as
defined in section 3727.01 of the Revised Code, in which the
needs
of children are administered to, if all the children whose
needs
are being administered to are monitored under the on-site
supervision of a physician licensed under Chapter 4731.
of the
Revised Code or a
registered nurse licensed under Chapter 4723.
of
the Revised Code, and the services are provided only for
children
who, in the opinion of the child's parent, guardian, or
custodian,
are exhibiting symptoms of a communicable disease or
other illness
or are injured; (3) A place that provides child day-care, but
not publicly
funded child day-care, if all of the
following apply: (a) An organized religious body
provides the child day-care; (b) A parent, custodian, or guardian of at least one
child
receiving child day-care is on the
premises and readily accessible
at all times; (c) The child day-care is not provided for more than thirty
days
a year; (d) The child day-care is provided only for preschool and
school
children. (M)
"Child day-care resource and referral service
organization"
means a community-based nonprofit organization that
provides child day-care
resource and referral services but not
child day-care. (N)
"Child day-care resource and referral services" means
all of the following services: (1) Maintenance of a uniform data base of all child
day-care
providers in the community that are in compliance with
this
chapter, including current occupancy and vacancy data; (2) Provision of individualized consumer education to
families seeking child day-care; (3) Provision of timely referrals of available child
day-care providers to families seeking child day-care; (4) Recruitment of child day-care providers; (5) Assistance in the development, conduct, and
dissemination of training
for child day-care providers
and
provision of technical assistance to current and potential
child
day-care providers, employers, and the community; (6) Collection and analysis of data on the supply of and
demand for child day-care in the community; (7) Technical assistance concerning locally, state, and
federally funded
child day-care and early childhood education
programs; (8) Stimulation of employer involvement in making child
day-care more affordable, more available, safer, and of higher
quality for their employees and for the community; (9) Provision of written educational materials to
caretaker
parents and informational resources to child day-care
providers; (10) Coordination of services among child day-care resource
and referral
service organizations to assist in developing and
maintaining a statewide
system of child day-care resource and
referral services if required by the
department of job and family
services; (11) Cooperation with the county department of job and
family services in encouraging the establishment of parent
cooperative
child day-care centers and parent cooperative type
A
family day-care homes. (O)
"Child-care staff member" means an employee of a
child
day-care center or type A family day-care home who is
primarily
responsible for the care and supervision of children.
The
administrator may be a part-time child-care staff member when
not
involved in other duties. (P)
"Drop-in child day-care center,"
"drop-in center,"
"drop-in type A family day-care home," and
"drop-in type A
home"
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary,
irregular basis. (Q)
"Employee" means a person who either: (1) Receives compensation for duties performed in a child
day-care center or type A family day-care home; (2) Is assigned specific working hours or duties in a
child
day-care center or type A family day-care home. (R)
"Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this
chapter. (S)
"Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2)
of
the
"Omnibus Budget Reconciliation Act
of 1981," 95 Stat. 511, 42
U.S.C. 9902, as amended,
for a family size
equal to the size of
the family of the person whose income is being
determined. (T)
"Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42
U.S.C.A. 9831,
as
amended, or under
section 3301.31 of the Revised Code. (U)
"Income" means gross income, as defined in section
5107.10
of the Revised Code, less any amounts required by federal
statutes or
regulations to be
disregarded. (V)
"Indicator checklist" means an inspection tool, used
in
conjunction with an instrument-based program monitoring
information system,
that contains selected licensing requirements
that are statistically reliable
indicators or predictors of a
child day-care center or type A family
day-care home's compliance
with licensing requirements. (W)
"Infant" means a child who is less than
eighteen months
of age. (X)
"In-home aide" means a person certified by a county
director of job and family services pursuant to section
5104.12 of
the Revised Code
to provide publicly funded child day-care to a
child
in a child's own home pursuant to this chapter and any rules
adopted under it. (Y)
"Instrument-based program monitoring information
system"
means a method to assess compliance with licensing requirements
for child
day-care centers and type A family day-care homes in
which each
licensing requirement is assigned a weight indicative
of the relative
importance of the requirement to the health,
growth, and safety of the
children that is used to develop an
indicator checklist. (Z)
"License capacity" means the maximum number in each
age
category of children who may be cared for in a child day-care
center
or type A family day-care home at one time as determined by
the
director of job and family services considering building
occupancy limits
established by the department of commerce, number
of available child-care
staff members, amount of available indoor
floor space and outdoor play space,
and amount of available play
equipment, materials, and supplies. (AA)
"Licensed preschool program" or
"licensed school
child
program" means a preschool program or school child program,
as
defined in section 3301.52 of the Revised Code, that is
licensed
by the department of education pursuant to sections
3301.52 to
3301.59 of the Revised Code. (BB)
"Licensee" means the owner of a child day-care
center
or type A family day-care home that is licensed pursuant to this
chapter and who is responsible for ensuring its compliance with
this chapter and rules adopted pursuant to this chapter. (CC)
"Operate a child day camp" means to operate,
establish,
manage, conduct, or maintain a child day camp. (DD)
"Owner" includes a person, as defined in section
1.59
of the Revised Code, or government entity. (EE)
"Parent cooperative child day-care center,"
"parent
cooperative center,"
"parent cooperative type A family day-care
home," and
"parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation. (FF)
"Part-time child day-care center,"
"part-time
center,"
"part-time type A family day-care home," and
"part-time type
A
home" mean a center or type A home that provides child
day-care or
publicly funded child day-care for no more than four hours a day
for any child. (GG)
"Place of worship" means a building where
activities of
an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities. (HH)
"Preschool child" means a child who is three years
old
or
older but is not a school child. (II)
"Protective day-care" means publicly funded child
day-care for the direct care and protection of a child to whom
either of the following applies: (1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective day-care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the
Revised Code; (2) The child and the child's caretaker either temporarily
reside
in a facility providing emergency shelter for homeless
families
or are determined by the county department of job and
family services to be homeless, and are otherwise ineligible for
publicly
funded
child day-care. (JJ)
"Publicly funded child day-care" means
administering
to
the needs of infants, toddlers, preschool
children, and school
children under age thirteen during
any part of the
twenty-four-hour day by
persons other than their caretaker parents
for remuneration
wholly or in part with federal or state funds,
including child care
block grant act funds, distributed by the
department of job and family services. (KK)
"Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or
prior to
worship
or other religious services; youth or adult
fellowship
activities; choir or other musical group practices or
programs;
meals; festivals; or meetings conducted by an organized
religious
group. (LL)
"School child" means a child who is enrolled in or
is
eligible to be enrolled in a grade of kindergarten or above but
is
less than fifteen years old. (MM)
"School child day-care center,"
"school child
center,"
"school child type A family day-care home," and
"school child
type
A family home" mean a center or type A home that
provides
child
day-care for school children only and that does either or
both of
the following: (1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located; (2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance. (NN)
"Special needs day-care" means publicly funded
child
day-care that is provided for a child who is physically or
developmentally handicapped, mentally retarded, or mentally ill. (OO)
"State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code.
(PP)(OO)
"Toddler" means a child who is at least eighteen
months
of age but less than three years of age.
(QQ)(PP)
"Type A family day-care home" and
"type A home"
mean a
permanent residence of the administrator in which child day-care
or publicly funded child day-care is provided for seven to twelve
children at one time or a permanent residence of the
administrator
in which child day-care is provided for four to
twelve children at
one time if four or more children at one time
are under two years
of age. In counting children for the
purposes of this division,
any children under six years of age
who are related to a licensee,
administrator, or employee and who
are on the premises of the type
A home shall be counted.
"Type A
family day-care home" does not
include a residence in which the
needs of children are
administered to, if all of the children
whose needs are being
administered to are siblings of the same
immediate family and the
residence is the home of the siblings.
"Type A family day-care
home" and
"type A home" do not include
any child day camp.
(RR)(QQ)
"Type B family day-care home" and
"type B home" mean
a
permanent residence of the provider in which child day-care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who
are
on the premises of the type B home shall be counted.
"Type B
family day-care home" does not include a residence in which the
needs of children are administered to, if all of the children
whose needs are being administered to are siblings of the same
immediate family and the residence is the home of the siblings.
"Type B family day-care home" and
"type B home" do not include
any
child day camp.
Sec. 5104.04. (A) The department of job and family services
shall
establish procedures to be followed in investigating,
inspecting,
and licensing child day-care centers and type A family
day-care
homes. (B)(1) The department shall, at least
twice during every
twelve-month period of operation of a
center or type A home,
inspect the center or type A home.
The department shall inspect a
part-time center or part-time type
A home at least once during
every twelve-month period of operation.
The department shall
provide a written
inspection report to the licensee within a
reasonable time after
each inspection. The licensee shall display
all written reports of
inspections conducted during the current
licensing period in a conspicuous
place in the center or type A
home. At least one inspection shall be unannounced and all
inspections may be
unannounced. No person, firm, organization,
institution, or agency shall interfere with the inspection of a
center or type A home by any state or local official
engaged in
performing duties required of the state or local official by
Chapter 5104. of the Revised
Code or rules adopted pursuant to
Chapter 5104. of
the Revised Code, including inspecting the center
or type A home,
reviewing records, or interviewing licensees,
employees,
children, or parents. Upon receipt of any complaint that a center or type A home
is
out of compliance with the requirements of Chapter 5104. of
the
Revised Code or rules adopted pursuant to
Chapter 5104.
of the
Revised Code, the department shall investigate
and may inspect a
center or type A home. (2) If the department implements an instrument-based program
monitoring information system, it may use an indicator checklist
to comply
with division (B)(1) of this section. (3) The department shall, at least once during every
twelve-month period
of operation of a center or type A home,
collect information
concerning the amounts charged by the center
or home for
providing child day-care services for use in
establishing rates of
reimbursement ceilings pursuant to section 5104.30 of
the Revised Code. (C) In the event a licensed center or type A home is
determined to be out of compliance with the requirements of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
shall notify
the
licensee of the center or type A home in writing regarding
the
nature of the violation, what must be done to correct the
violation, and by what date the correction must be made. If the
correction is not made by the date established by the
department,
the department may commence action under
Chapter 119. of the
Revised Code to
revoke the license. (D) The department may deny or revoke a license, or
refuse
to renew a license of a center or type A home, if the applicant
knowingly makes a false statement on the application, does not
comply with the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised
Code, or has
pleaded
guilty to or been convicted of an offense described in
section
5104.09 of the Revised Code. (E) If the department finds, after notice and hearing
pursuant to Chapter 119. of the Revised Code, that any person,
firm, organization, institution, or agency licensed under section
5104.03 of the Revised Code is in violation of any provision of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
may issue an
order of revocation to the center or type A home revoking the
license previously issued by the department. Upon the
issuance of
any order
of revocation, the person whose license is revoked may
appeal in
accordance with section 119.12 of the Revised Code. (F) The surrender of a center or type A home license to
the
department or the withdrawal of an application for
licensure by
the owner or administrator of the center or type A home shall not
prohibit the department from instituting any of the
actions set
forth in this section. (G) Whenever the department receives a complaint, is
advised, or otherwise has any reason to believe that a center or
type A home is providing child day-care without a license issued
or renewed pursuant to section 5104.03 and is not exempt from
licensing pursuant to section 5104.02 of the Revised Code, the
department shall investigate the center or type A home and may
inspect the
areas children have access to or areas necessary for
the care of
children in the center or type A home during suspected
hours of
operation to determine whether the center or type A home
is
subject to the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised Code. (H) The department, upon determining that the center
or type
A home is operating without a license, shall notify the attorney
general, the prosecuting attorney of the county in which the
center or type A home is located, or the city attorney, village
solicitor, or other chief legal officer of the municipal
corporation in which the center or type A home is located, that
the center or type A home is operating without a license. Upon
receipt of the notification, the attorney general, prosecuting
attorney, city attorney, village solicitor, or other chief legal
officer of a municipal corporation shall file a complaint in the
court of common pleas of the county in which the center or type A
home is located requesting that the court grant an order
enjoining
the owner from operating the center or type A home.
The court
shall grant such injunctive relief upon a showing that
the
respondent named in the complaint is operating a center or
type A
home and is doing so without a license. (I) The department shall prepare an annual report on
inspections
conducted under this section. The report shall
include the number of
inspections conducted, the number and types
of violations found, and the steps
taken to address the
violations. The department shall file
the report with the
governor, the president and minority leader of the senate,
and the
speaker and minority leader of the house of representatives on or
before the first day of January of each year, beginning in 1999.
Sec. 5104.30. (A) The department of job and family services is
hereby designated as the state agency responsible for
administration and coordination of federal and state funding for
publicly funded child day-care in this state. Publicly funded
child day-care shall be provided to the following: (1) Recipients of transitional child day-care as provided under section
5104.34 of the Revised Code; (2) Participants in the Ohio
works first program established under Chapter 5107. of the Revised Code; (3) Individuals who would be participating in the Ohio works
first program if not for a sanction under section 5107.16 of the Revised Code
and who continue to participate in a work activity, developmental activity, or
alternative work activity pursuant to an assignment under section 5107.42 of
the Revised Code; (4) A family receiving publicly funded child day-care on
October 1, 1997, until the family's income
reaches one hundred fifty per cent of the federal poverty line; (5) Subject to available funds, other individuals
determined eligible in
accordance with rules adopted under section 5104.38 of the Revised Code. The department
shall apply to the United States department of health and human
services for authority to operate a coordinated program for
publicly funded child day-care, if the director of job and family services
determines that the application is necessary. For purposes of
this section, the department of job and family services may enter into
agreements with other state agencies that are involved in
regulation or funding of child day-care. The department shall
consider the special needs of migrant workers when it administers
and coordinates publicly funded child day-care and shall develop
appropriate procedures for accommodating the needs of migrant
workers for publicly funded child day-care. (B) The department of job and family services shall distribute
state and federal funds for publicly funded child day-care,
including appropriations of state funds for publicly funded child
day-care and appropriations of federal funds for publicly funded
child day-care under Title XX of the "Social Security Act,"
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as
amended, and the child care block grant act. The
department may use any state funds appropriated for publicly
funded child day-care as the state share required to match any
federal funds appropriated for publicly funded child day-care. (C) The department may use federal funds available under
the child care block grant act to hire staff to prepare any rules
required under this chapter and to administer and coordinate
federal and state funding for publicly funded child day-care. Not more than five per cent of the
aggregate amount of those federal funds received for a fiscal year may be
expended for administrative costs. The department shall allocate and use at
least four per cent of the federal funds for the following: (1) Activities designed to provide comprehensive consumer education to
parents and the public; (2) Activities that increase parental choice; (3) Activities, including child day-care resource and referral services,
designed to improve the quality, and increase the supply, of child day-care. (D) The department shall ensure that any federal funds received
by the state under the child care block grant act will be used
only to supplement, and will not be used to supplant, federal,
state, and local funds available on the effective date of that
act for publicly funded child day-care and related programs. A
county department of job and family services may purchase child day-care
from funds obtained through any other means. (E) The department shall encourage the development of
suitable child day-care throughout the state, especially in areas
with high concentrations of recipients of public assistance and
families with low incomes. The department shall
encourage the development of suitable child day-care designed to
accommodate the special needs of migrant workers. On request,
the department, through its employees or contracts with state or
community child day-care resource and referral service
organizations, shall provide consultation to groups and
individuals interested in developing child day-care. The
department of job and family services may enter into interagency
agreements with the department of education, the board of
regents, the department of development, and other state agencies
and entities whenever the cooperative efforts of the other state
agencies and entities are necessary for the department of job and family
services to fulfill its duties and responsibilities under this
chapter. The department may develop and maintain a registry of persons providing
child day-care. The director may adopt rules pursuant to Chapter 119. of the Revised
Code establishing procedures and requirements for the registry's administration. (F)(1) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing a procedure for determining
rates of reimbursement and a both of the following: (a) Reimbursement ceilings for providers of publicly funded child day-care; (b) A procedure for paying providers of
publicly funded child day-care. In (2) In establishing rates of reimbursement
pursuant to this ceilings under division (F)(1)(a) of this section, the director shall use do all of the following: (a) Use the information obtained
under division (B)(3) of section 5104.04 of the Revised Code and may establish
different rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special needs of the
child, whether expanded hours of service are provided, whether weekend service
is provided, whether the provider has exceeded
the minimum requirements of state statutes and rules governing child day-care,
and any other factors the director considers appropriate. The director
shall establish; (b) Establish an enhanced rate of reimbursement ceiling for providers who provide
child day-care for caretaker parents who work nontraditional hours.
For; (c) For a type B family day-care home provider that has received
limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, the
department shall adopt rules establishing establish a reimbursement rate ceiling that
is the greater of the rate that was in effect for the home
on October 1, 1997, or the following:
(i) If the provider is a person described in division (G)(1)(a) of section 5104.011 of the Revised Code, seventy-five per cent of the
reimbursement rate ceiling that applies to a type B family
day-care home certified by the same county department
of job and family services pursuant to section 5104.11 of the Revised Code; (ii) If the provider is a person described in division (G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent of the reimbursement ceiling that applies to a type B family day-care home certified by the same county department pursuant to section 5104.11 of the Revised Code.
(3) In establishing reimbursement ceilings under division (F)(1)(a) of this section, the director may establish different reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum requirements of state statutes and rules governing child day-care;
(h) Any other factors the director considers appropriate.
Sec. 5104.32. (A) Except as provided in division (C)
of
this section, all purchases of publicly funded child
day-care
shall be made under a contract entered into by a
licensed child
day-care center, licensed type A family day-care
home, certified
type B family day-care home, certified in-home
aide, approved
child day camp, licensed preschool program,
licensed school child
program, or border state child day-care
provider and the county
department of job and family
services. A county department of job
and family services
may enter into a
contract with a provider for
publicly funded child day-care for a
specified period of time or
upon a continuous basis for an
unspecified period of time. All
contracts for publicly funded
child day-care shall be contingent
upon the availability of state
and federal funds. The department
of job and family
services shall prescribe a standard form to be
used for all contracts for the
purchase of publicly funded child
day-care, regardless of the
source of public funds used to
purchase the child day-care. To
the extent permitted by federal
law and notwithstanding any other
provision of the Revised Code
that regulates state or county
contracts or contracts involving
the expenditure of state,
county, or federal funds, all contracts
for publicly funded child
day-care shall be entered into in
accordance with the provisions
of this chapter and are exempt from
any other provision of the
Revised Code that regulates state or
county contracts or
contracts involving the expenditure of state,
county, or federal
funds. (B) Each contract for publicly funded child day-care shall
specify at least the following: (1) Except as provided in division (B)(2) of this
section,
that That the provider of publicly funded child day-care
agrees to be
paid for rendering services at the lower lowest of the rate
customarily
charged by the provider for children enrolled for
child day-care
or, the rate of reimbursement
ceiling established pursuant to section
5104.30 of the Revised Code, or a rate the county department negotiates with the provider; (2) If the provider provides publicly funded child day-care
to
caretaker parents who work nontraditional hours, that the
provider is to be paid for rendering services to those caretaker
parents at the rate of reimbursement established pursuant to
section 5104.30 of the Revised
Code regardless of whether that
rate is higher than the rate the provider customarily charges
for
children enrolled for child day-care; (3) That, if a provider provides child day-care to an
individual potentially eligible for publicly funded child
day-care
who is subsequently determined to be eligible, the
county
department agrees to pay for all child day-care provided
between
the date the county department receives the individual's
completed
application and the date the individual's eligibility
is
determined;
(4)(3) Whether the county department of job and family
services, the provider, or a child day-care resource and referral
service
organization will make eligibility determinations, whether
the
provider or a child day-care resource and referral service
organization will be required to collect information to be used
by
the county department to make eligibility determinations, and
the
time period within which the provider or child day-care
resource
and referral service organization is required to
complete required
eligibility determinations or to transmit to
the county department
any information collected for the purpose
of making eligibility
determinations;
(5)(4) That the provider, other than a border state child
day-care
provider, shall continue to be licensed,
approved, or
certified pursuant to this chapter or sections
3301.52 to 3301.59
of the Revised Code and shall comply with all
standards and other
requirements in this chapter and those
sections and in rules
adopted pursuant to this chapter or those
sections for maintaining
the provider's license, approval, or
certification;
(6)(5) That, in the case of a border state child day-care
provider, the
provider shall continue to be licensed, certified,
or otherwise approved by
the state in
which the provider is
located and shall comply with all standards and
other requirements
established by that state for maintaining the provider's
license,
certificate, or other approval;
(7)(6) Whether the provider will be paid by the county
department of job and family services or the state
department of
job and family services;
(8)(7) That the contract is subject to the availability of
state and federal funds.
(C) Unless specifically prohibited by federal law, the
county department of job and family services shall give
individuals
eligible for publicly funded child day-care the option
of
obtaining certificates for payment that the individual may use
to
purchase services from any provider qualified to provide
publicly
funded child day-care under section 5104.31 of the
Revised Code. Providers
of publicly funded child day-care may
present these
certificates for payment for reimbursement in
accordance with
rules that the director of job and
family services
shall adopt. Only
providers may receive reimbursement for
certificates for payment. The value
of
the certificate for
payment shall be based on the
lower lowest of the rate customarily
charged by the provider or, the
rate of reimbursement ceiling established
pursuant to section
5104.30 of the Revised Code, unless the
provider provides
publicly funded child day-care to caretaker
parents who work
nontraditional hours, in which case the value of
the certificate
for payment for the services to those caretaker
parents shall be
based on the rate of reimbursement established
pursuant to that
section regardless of whether that rate is higher
than the rate
customarily charged by or a rate the county department negotiates with the provider. The county
department may provide the
certificates for payment to the
individuals or may contract with
child day-care providers or child
day-care resource and referral
service organizations that make
determinations of eligibility for
publicly funded child day-care
pursuant to contracts entered into
under section 5104.34 of the
Revised Code for the providers or
resource and referral service
organizations to provide the
certificates for payment to
individuals whom they determine are
eligible for publicly funded
child day-care. For each six-month period a provider of publicly funded child
day-care
provides publicly funded child day-care to the child of
an individual given
certificates of payment, the individual shall
provide the provider
certificates for days the provider would have
provided publicly funded child day-care to the child had the child
been
present. County departments shall specify the maximum number
of days
providers will be provided certificates of payment for
days the provider would
have provided publicly funded child
day-care had the child been present. The
maximum number of days
shall
not exceed ten
days in a six-month period during
which
publicly funded child day-care is provided to the child
regardless
of the
number of providers that provide publicly funded
child
day-care to the child during that period.
Sec. 5104.34. (A)(1) Each county department of job and
family services shall implement procedures for making determinations of
eligibility for publicly funded child day-care. Under those
procedures, the eligibility determination for each applicant
shall be made no later than thirty calendar days from the date
the county department receives a completed application for
publicly funded child day-care. Each applicant shall be notified
promptly of the results of the eligibility determination. An
applicant aggrieved by a decision or delay in making an
eligibility determination may appeal the decision or delay to the
department of job and family services in accordance with
section 5101.35 of the Revised Code. The due process rights of applicants
shall
be protected. To the extent permitted by federal law, the county
department may make all determinations of eligibility for
publicly funded child day-care, may contract with child day-care
providers or child day-care resource and referral service
organizations for the providers or resource and referral service
organizations to make all or any part of the determinations, and
may contract with child day-care providers or child day-care
resource and referral service organizations for the providers or
resource and referral service organizations to collect specified
information for use by the county department in making
determinations. If a county department contracts with a child
day-care provider or a child day-care resource and referral
service organization for eligibility determinations or for the
collection of information, the contract shall require the
provider or resource and referral service organization to make
each eligibility determination no later than thirty calendar days
from the date the provider or resource and referral organization
receives a completed application that is the basis of the
determination and to collect and transmit all necessary
information to the county department within a period of time that
enables the county department to make each eligibility
determination no later than thirty days after the filing of the
application that is the basis of the determination. The county department may station employees of the
department in various locations throughout the county to collect information
relevant to applications for publicly funded child day-care and
to make eligibility determinations. The county department, child
day-care provider, and child day-care resource and referral
service organization shall make each determination of eligibility
for publicly funded child day-care no later than thirty days
after the filing of the application that is the basis of the
determination, shall make each determination in accordance with
any relevant rules adopted pursuant to section 5104.38 of the
Revised Code, and shall notify promptly each applicant for
publicly funded child day-care of the results of the
determination of the applicant's eligibility. The director of
job and family services shall adopt rules in accordance
with Chapter 119. of the
Revised Code for monitoring the eligibility determination
process. In accordance with those rules, the state department
shall monitor eligibility determinations made by county
departments of job and family services and shall direct
any entity that is
not in compliance with this division or any rule adopted under
this division to implement corrective action specified by the
department. (2) All eligibility
determinations for publicly funded
child day-care shall be made in accordance with rules adopted pursuant to
division (A) of
section 5104.38 of the Revised Code
and, if a county department of job and family services
specifies, pursuant to rules adopted under division
(B) of that section, a maximum
amount of income a family may have to be eligible for publicly
funded child day-care, the income maximum specified by the
county department. Publicly funded child day-care may be
provided only to eligible infants,
toddlers, preschool children, and school children under age thirteen. For an
applicant to be eligible for publicly funded child day-care,
the caretaker parent must be employed or participating in a program of
education or training for an amount of time reasonably related to the time
that the parent's children are receiving publicly funded child day-care. This
restriction does not apply to families whose children are eligible for
protective or special needs day-care. Subject to available funds, a county department of job and
family services shall allow a family to
receive publicly funded child day-care
unless the family's income
exceeds the
maximum income eligibility limit. Initial and
continued eligibility for publicly funded child day-care is
subject to available funds unless the family is receiving
child day-care pursuant to
division (A)(1), (2), (3), or (4) of section 5104.30 of the Revised Code. If
the county department
must limit eligibility due to
lack of available funds, it shall give first priority for publicly funded
child day-care to an assistance group whose income is not more than the
maximum income
eligibility limit that received transitional
child day-care in the previous month but is no longer eligible because the
twelve-month period has expired. Such an assistance group shall continue to
receive priority for publicly funded child day-care until its income exceeds
the maximum
income eligibility limit. (3) An assistance group that ceases to participate in the
Ohio works first program
established under Chapter 5107. of the Revised Code is eligible for
transitional
child day-care at any time during the immediately following twelve-month
period that both of the following apply: (a) The assistance group requires child day-care due to
employment; (b) The assistance group's income is not more than one hundred
fifty per cent of the federal poverty line. An assistance group ineligible to participate in the Ohio works
first program pursuant to section 5101.83 or section
5107.16 of the Revised Code is not
eligible
for transitional
child day-care. (B) To the extent permitted by federal law, a county
department of job and family services may require a
caretaker parent
determined to be eligible for publicly funded child day-care to
pay a fee according to the schedule of fees established in rules
adopted under section 5104.38 of the Revised Code. Each county department
shall make protective day-care services available to children without regard
to the income or assets of the caretaker parent of
the child. (C) A caretaker parent receiving publicly funded child
day-care shall report to the entity that determined
eligibility any changes in status with respect to employment
or participation in a program of education or training not later than ten calendar days after the change occurs. (D) If a county department of job and family services
determines that available resources are not sufficient to provide publicly
funded child day-care to all eligible families who request it, the county
department may
establish a waiting list. A county department may establish separate waiting
lists within the waiting list based on income. When resources become
available
to provide publicly funded child day-care to families on the waiting list, a
county department that establishes a waiting list shall assess the needs of
the next family scheduled to
receive publicly funded child day-care. If the assessment demonstrates that
the family continues to need and is eligible for publicly funded child
day-care, the county department shall offer it to the family. If the county
department determines that the family is no longer eligible or no longer needs
publicly funded child day-care, the county department shall remove the family
from the waiting list. (E) As used in this section, "maximum
income eligibility limit" means the amount of income specified
in rules adopted under division (A) of section 5104.38 of the Revised Code or,
if a county department of job and family services
specifies a higher amount pursuant to
rules adopted under division (B) of that section, the amount the county
department specifies.
Sec. 5104.35. (A) The county department of job and
family services shall do all of the following: (1) Accept any gift, grant, or other funds from either
public or private sources offered unconditionally or under
conditions which are, in the judgment of the department, proper
and consistent with this chapter and deposit the funds in the
county public assistance fund established by section 5101.161 of
the Revised Code; (2) Recruit individuals and groups interested in
certification as in-home aides or in developing and operating
suitable licensed child day-care centers, type A family day-care
homes, or certified type B family day-care homes, especially in
areas with high concentrations of recipients of public
assistance, and for that purpose provide consultation to
interested individuals and groups on request; (3) Inform clients of the availability of child day-care
services; (4) Pay to a child day-care center, type A family day-care
home, certified type B family day-care home, in-home aide,
approved child day camp, licensed preschool program, licensed
school child program, or border state child day-care provider
for child day-care services, the amount
provided for in division (B) of
section 5104.32 of the Revised Code. If part of the cost of care of a
child is paid by the child's parent or any other person, the
amount paid shall be subtracted from the amount the
county
department pays. (5) In accordance with rules adopted pursuant to section
5104.39 of the Revised Code, provide monthly reports to the
director of job and family services and the director of
budget and
management regarding expenditures for the purchase of publicly
funded child day-care. (B) The county department of job and family services may
do any of the following: (1) To the extent permitted by federal law, use public
child day-care funds to extend the hours of operation of the
county department to accommodate the needs of working caretaker
parents and enable those parents to apply for publicly funded
child day-care; (2) In accordance with rules adopted by the director of
job and family services,
request a waiver of the maximum
rate of assistance that is reimbursement ceiling established pursuant to section 5104.30 of the
Revised Code
for the purpose of paying a higher rate for publicly funded child
day-care based upon the special needs of a child, the special
circumstances of a family, or unique child day-care market
conditions; (3) To the extent permitted by federal law, use state and
federal funds to pay deposits and other advance payments that a
provider of child day-care customarily charges all children who
receive child day-care from that provider; (4) To the extent permitted by federal law, pay for up to
thirty days of child day-care for a child whose caretaker parent
is seeking employment, taking part in employment orientation
activities, or taking part in activities in anticipation of
enrollment or attendance in an education or training program or
activity, if the employment or education or training program or
activity is expected to begin within the thirty-day period.
Sec. 5104.38. In addition to any other rules adopted under
this chapter, the director of job and
family services shall adopt rules
in accordance with Chapter 119. of the Revised Code
governing financial and administrative requirements for publicly funded
child day-care and establishing all of the following: (A) Procedures and criteria to be used in making
determinations of eligibility for publicly funded child day-care
that give priority to children of families with lower
incomes and procedures and
criteria for eligibility for publicly funded protective
day-care. The rules shall specify the maximum amount of
income a family may have for initial and continued eligibility.
Until July 1, 2000, the
maximum amount shall not exceed one hundred eighty-five per cent of the
federal poverty line. Effective July 1, 2000, the The maximum amount
shall not exceed two hundred per cent of the federal poverty line. (B) Procedures under which a county department of job and
family services may, if
the
department, under division (A) of this section, specifies a maximum
amount of income a family may have for eligibility for publicly funded child
day-care that is less than the maximum amount specified in that division,
specify
a maximum amount of income a family residing in the
county the county department serves may have for initial and
continued eligibility for publicly funded child day-care that is
higher than the amount specified by the department but does not exceed the
maximum
amount specified in division (A) of this section; (C) A schedule of fees requiring all eligible
caretaker parents to pay a fee for publicly funded child day-care
according to income and family size, which
shall be uniform for all types of publicly
funded child day-care, except as authorized by rule,
and, to the extent
permitted by federal law, shall permit the use of state and
federal funds to pay the customary deposits and other advance
payments that a provider charges all children who receive child
day-care from that provider. The schedule of fees may not
provide for a caretaker parent to pay a fee that exceeds ten per cent of the
parent's family income. (D) A formula based upon a percentage of the county's
total expenditures for publicly funded child day-care for
determining the maximum amount of state and federal funds
appropriated for publicly funded child day-care that a county
department may use for administrative purposes; (E) Procedures to be followed by the department and county
departments in recruiting individuals and groups to become
providers of child day-care; (F) Procedures to be followed in establishing state or
local programs designed to assist individuals who are eligible
for publicly funded child day-care in identifying the resources
available to them and to refer the individuals to appropriate
sources to obtain child day-care; (G) Procedures to deal with fraud and abuse committed by
either recipients or providers of publicly funded child day-care; (H) Procedures for establishing a child day-care grant or
loan program in accordance with the child care block grant act; (I) Standards and procedures for applicants to apply for
grants and loans, and for the department to make grants and
loans; (J) A definition of "person who stands in loco parentis"
for the purposes of division (II)(1) of section
5104.01 of the Revised Code; (K) Procedures for a county
department of job and family services to follow in making
eligibility
determinations and redeterminations for publicly funded child day-care
available through telephone, computer, and other means at locations
other than the county department; (L) Any other rules necessary to carry out sections
5104.30 to 5104.39 of the Revised Code.
Sec. 5104.382. In adopting rules under division (A) of section 5104.38 of the Revised Code establishing criteria for eligibility for publicly funded child day-care, the director of job and family services may prescribe the amount, duration, and scope of benefits available as publicly funded child day-care.
Sec. 5104.39. (A) The director of
job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code
establishing a procedure for monitoring the expenditures of
county departments of job and family services to ensure
that expenditures
do not exceed the available federal and state funds for publicly
funded child day-care. The
department, with the assistance of the
office of budget and management and the day-care advisory council created
pursuant to section 5104.08 of the Revised Code, shall monitor the anticipated
future expenditures of county departments for publicly funded child day-care
and shall compare those
anticipated future expenditures to available federal and state
funds for publicly funded child day-care. Whenever the
department determines that the anticipated future expenditures of
the county departments will exceed the available federal and
state funds for publicly funded child day-care, it promptly shall
notify the county departments and, before the available state and
federal funds are used, the director shall
issue and implement an administrative order that shall specify
both of the following: (1) Priorities for expending the remaining available
federal and state funds for publicly funded child day-care; (2) Instructions and procedures to be used by the county
departments. (B) The order may suspend do any or all of the following: (1) Suspend enrollment of all new participants in
any program of publicly funded child day-care or may limit; (2) Limit
enrollment of new participants to those with incomes at or
below
a specified percentage below of the federal poverty line, but it
shall not limit enrollment by otherwise narrowing eligibility
standards established in statute for publicly funded child
day-care; (3) Disenroll existing participants with income above a specified percentage of the federal poverty line. (C) Each county department shall comply with the order no later
than thirty days after it is issued. If the department
fails to notify the county departments and to implement the
reallocation priorities specified in the order before the
available federal and state funds for publicly funded child
day-care are used, the state department shall provide sufficient
funds to the county departments for publicly funded child
day-care to enable each county department to pay for all publicly
funded child day-care that was provided by providers pursuant to
contract prior to the date that the county department received
notice under this division section and the state department implemented
in that county the priorities. (D) If after issuing an order under this division section to suspend or limit enrollment
of
new participants or disenroll existing participants the department determines that available state
and
federal funds for publicly funded child day-care exceed the anticipated future
expenditures of the county departments,
the director may issue and implement another administrative order increasing
income eligibility levels to a specified percentage of the federal poverty
line. The order shall include instructions and procedures to be used by the
county departments. Each county department shall comply with the order not
later than thirty days after it is issued. (B)(E) The department of job and family
services
shall do all of the following:
(1) Conduct a quarterly evaluation of the program of publicly funded
child day-care that is operated pursuant to sections 5104.30 to 5104.39
of the Revised Code; (2) Prepare reports based upon the
evaluations that specify for each county
the number of participants and amount of expenditures; (3) Provide copies of the reports to both houses of the general assembly
and, on request, to interested parties.
Sec. 5139.41. On and after January 1, 1995, the
appropriation made to the department of youth services for care
and custody of felony delinquents shall be expended in accordance
with a formula that the department shall develop for each year of
a biennium. The formula shall be consistent with sections
5139.41
to 5139.45 of the Revised Code and shall be developed in
accordance with the following guidelines: (A) The department shall set aside at least three per cent
but not more than five per cent of the appropriation
for purposes
of funding the contingency program described in
section 5139.45 of
the Revised Code and of use in accordance with
that section. (B)(1) After setting aside the amount described in
division
(A) of this section, the department shall set aside twenty-five
per cent of the
remainder of the appropriation and use that amount
for the purpose
described in division (B)(2) of this
section and
to pay certain of the operational costs associated
with, and to
provide cash flow for, the following: (b) The diagnosis, care, or treatment of felony
delinquents
at institutions, facilities, or centers pursuant to
contracts
entered into under section 5139.08 of the Revised Code; (c) Community corrections facilities constructed,
reconstructed, improved, or financed as
described in section
5139.36 of
the Revised Code for the purpose of providing
alternative
placement and services for felony delinquents who have
been
diverted from care and custody in institutions. (2) The department may use a portion of the twenty-five
per
cent of the remainder of the appropriation set aside pursuant
to
division (B)(1) of this section for administrative expenses
incurred by the department in connection with the felony
delinquent care and custody program described in section 5139.43
of the Revised Code and the associated contingency program
described in section 5139.45 of the Revised Code. (C) After setting aside the amounts described in divisions
(A) and
(B)(1) of this section, the department shall set aside the
amount of
the appropriation that is equal to twenty-five per cent
of the amount that is
calculated by multiplying the per diem cost
for the care and custody of felony
delinquents, as determined
pursuant to division (D) of section 5139.42
of the Revised Code,
by the number of bed days that the department projects
for
occupancy in
community corrections facilities described in
division
(B)(1)(c) of this section. The department shall use the
amount of the appropriation that is set aside pursuant to this
division to pay
the percentage of the per diem cost for the care
and custody of felony
delinquents who are in the care and custody
of community corrections facilities
described in division
(B)(1)(c) of this section for
which the department is responsible
under sections 5139.41 to 5139.45 of the Revised Code. (D) After setting aside the amounts described in divisions
(A) to (C) of this section, the department
shall set aside the
amount of the appropriation that
is necessary to pay seventy-five
per cent of the per
diem cost of public safety beds and shall use
that amount for the purpose of
paying that per diem cost. (E) After setting aside the amounts described in divisions
(A) to (D) of this section, the department shall use the
remainder
of the appropriation in connection with the felony
delinquent care
and custody program described in section 5139.43
of the Revised
Code, except that, for fiscal year 2002 and fiscal
year 2003 and
only for those two fiscal years, the total number of beds
available
to all counties via public safety beds and county
allocations shall not be
less than the total beds used by all the
counties during fiscal year 2000
funded by care and custody
chargebacks (Line Item 401) and
as public safety beds.
(F) If the department's appropriation for a fiscal year is subsequently revised, the department may adjust the amounts described in divisions (A) to (E) of this section.
Sec. 5739.031. (A)
Upon application, the tax
commissioner
may
issue a direct payment permit that
authorizes a
consumer to
pay the sales tax
levied by or pursuant to section
5739.02,
5739.021, 5739.023, or
5739.026 of the Revised Code or
the use tax
levied by or pursuant
to section 5741.02, 5741.021,
5741.022, or
5741.023 of the
Revised
Code directly to the state
and
waives the
collection of
the tax by
the vendor or
seller
if payment directly
to the state would improve compliance
and increase the efficiency
of the administration of the tax. The
commissioner may adopt
rules
establishing the criteria for the
issuance of such permits. (B) Each permit holder, on or before the twenty-third day
of
each month, shall make and file with the treasurer of state a
return for the preceding month in such form as is prescribed by
the
tax commissioner and shall pay the tax shown on the return to
be
due. The return shall show the sum of the prices of taxable
merchandise used and taxable services received, the amount of tax
due from the permit holder, and such other information as the
commissioner deems necessary. The commissioner, upon written
request by the permit holder, may extend the time for making and
filing returns and paying the tax. If the commissioner
determines
that a permit holder's tax liability is not such as to
merit
monthly filing, the commissioner may authorize the permit
holder
to file returns and pay the tax at less frequent
intervals. The
treasurer of state shall show on the return the
date it was filed
and the amount of the payment remitted to the
treasurer.
Thereafter, the treasurer immediately shall transmit
all returns
filed under this section to the tax commissioner. Any permit holder required to file a return and pay the tax
under this section whose total payment for any calendar year
equals or exceeds the amount shown in
section 5739.032 of the
Revised Code shall make each payment
required by this section in
the second ensuing and each
succeeding
year by electronic funds
transfer as prescribed by, and on or before the dates specified in,
section
5739.032 of the Revised Code,
except as otherwise
prescribed by
that section. (C) For purposes of reporting and remitting the tax, the
price of tangible personal property or services purchased by, or
of tangible personal property produced by, the permit holder
shall
be determined under division (G) of section 5741.01 of the
Revised
Code. Notwithstanding section 5739.033 of the Revised
Code,
the
situs of any
purchase
transaction made by the
permit holder
is
the location where
the tangible
personal property or service is
received by the
permit holder. (D) It shall be the duty of every permit holder required
to
make a return and pay
its tax under this section to keep and
preserve suitable records of purchases together with invoices of
purchases, bills of lading, asset ledgers, depreciation
schedules,
transfer journals, and such other primary and
secondary records
and documents in such form as the commissioner
requires. All such
records and other documents shall be open
during business hours to
the inspection of the
tax commissioner, and
shall be preserved for
a
period of four years, unless the
commissioner, in writing, has
authorized their destruction or
disposal at an earlier date, or by
order
or by reason of a waiver of the four-year time limitation
pursuant to section 5739.16 of the Revised Code requires that they
be
kept longer. (E) A permit granted pursuant to this section shall
continue
to be valid until surrendered by the holder or canceled
for cause
by the
tax commissioner. (F) Persons who hold a direct payment permit that has not
been canceled shall not be required to issue exemption
certificates and shall not be required to pay the tax as
prescribed in sections 5739.03, 5739.033, and 5741.12 of the
Revised Code. Such persons shall notify vendors and sellers from
whom purchases of tangible personal property or services are
made,
of their direct payment permit number and that the tax is
being
paid directly to the state. Upon receipt of such notice,
such
vendor or seller shall be absolved from all duties and
liabilities
imposed by section 5739.03 or 5741.04 of the Revised
Code with
respect to sales of tangible personal property or
services to such
permit holder. Vendors and sellers who make sales upon which the tax is
not
collected by reason of the provisions of this section shall
maintain records in such manner that the amount involved and
identity of the purchaser may be ascertained. The receipts from
such sales shall not be subject to the tax levied in section
5739.10 of the Revised Code. Upon the cancellation or surrender of a direct payment
permit, the provisions of sections 5739.03, 5741.04, and 5741.12
of
the Revised Code shall immediately apply to all purchases made
subsequent to such cancellation or surrender by the person who
previously held such permit, and such person shall so notify
vendors and sellers from whom purchases of tangible personal
property or services are made, in writing, prior to or at the
time
of the first purchase after such cancellation or surrender.
Upon
receipt of such notice, the vendor shall be subject to the
provisions of sections 5739.03 and 5739.10 of the Revised Code
and
the seller shall be subject to the provisions of section
5741.04
of the Revised Code, with respect to all sales
subsequently made
to such person. Failure of any such person to
notify vendors or
sellers from whom purchases of tangible
personal property or
services are made of the cancellation or
surrender of a direct
payment permit shall be considered as a
refusal to pay the tax by
the person required to issue such
notice.
Sec. 5739.032. (A) If the total amount of tax required to
be paid by a permit holder under section 5739.031 of the Revised
Code for any calendar year indicated in the following schedule
equals or exceeds the amounts prescribed for that year in the
schedule, the permit holder shall remit each monthly tax payment
in the second ensuing and each succeeding year by electronic
funds
transfer as prescribed by division (B) of this section.
Year |
|
1992 |
|
1993 through 1999 |
2000 and thereafter |
Tax payment |
|
$1,200,000 |
|
$600,000 |
$60,000 |
If a permit holder's tax payment for each of two
consecutive
years beginning with 2000 is less than sixty
thousand dollars, the
permit holder is relieved of the
requirement to remit taxes by
electronic funds transfer for the
year that next follows the
second of the consecutive years in
which the tax payment is less
than sixty thousand
dollars,
and is relieved of that requirement
for each succeeding year,
unless the tax payment in a subsequent
year equals or exceeds sixty
thousand dollars. The tax commissioner shall notify each permit holder
required
to remit taxes by electronic funds transfer of the
permit holder's
obligation to do so, shall maintain an updated
list of those
permit holders, and shall timely certify the list
and any
additions thereto or deletions therefrom to the treasurer
of
state. Failure by the tax commissioner to notify a permit
holder
subject to this section to remit taxes by electronic funds
transfer does not relieve the permit holder of its obligation to
remit taxes by electronic funds transfer. (B) Permit holders required by division (A) of this
section
to remit payments by electronic funds transfer shall
remit such
payments to the treasurer of state in the manner
prescribed by this section and
rules adopted by the treasurer of state under section
113.061 of the
Revised Code, and on or before the following dates specified
under section
5739.031 of the Revised Code. The:
(1) On or before each of the eleventh, eighteenth, and twenty-fifth days of each month, a permit holder shall remit an amount equal to one-fourth of the permit holder's total tax liability for the same month in the preceding calendar year.
(2) On or before the twenty-third day of each month, a permit holder shall report the taxes due for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1) of this section.
The payment of taxes
by electronic
funds transfer does not affect a permit holder's
obligation to
file the monthly return as required under section
5739.031 of the
Revised Code. (C) A permit holder required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the permit holder
from remittance by electronic funds transfer for good cause shown
for the period of time requested by the permit holder or for a
portion of that period. The treasurer of state shall notify the tax
commissioner and the permit holder of the treasurer's treasurer of state's decision as
soon as is practicable. (C)(D)(1) If a permit holder that is required to remit payments under division (B) of this section fails to make a payment, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(2) If a permit holder required by this section to remit
taxes by electronic funds transfer remits those taxes by some
means other than by electronic funds transfer as prescribed by
this section and the rules adopted by the treasurer of state, and
the
tax commissioner determines that such failure was
not due to
reasonable cause or was due to willful neglect, the
commissioner
may collect impose an additional
charge by assessment in
the manner
prescribed by section 5739.13
of the Revised Code.
The additional
charge shall equal not to exceed the lesser of five per
cent of the amount of
the taxes
required to be paid by electronic
funds transfer, but
shall not
exceed or five thousand dollars. Any
(3) Any
additional charge
assessed imposed
under division (D)(1) or (2) of this section is in addition to
any other penalty
or charge
imposed under this chapter, and shall
be considered as
revenue
arising from taxes imposed under this
chapter. An additional charge may be collected by assessment in the manner prescribed by section 5739.13 of the Revised Code. The tax
commissioner may remit waive all or a portion of such
a charge and may
adopt rules governing such remission waiver. No additional charge shall be assessed imposed under this division (D)(2) of this section
against a permit holder that has been notified of its obligation
to remit taxes under this section and that remits its first two
tax payments after such notification by some means other than
electronic funds transfer. The additional charge may be assessed imposed
upon the remittance of any subsequent tax payment that the permit
holder remits by some means other than electronic funds transfer.
Sec. 5739.12. Each person who has or is required to have a
vendor's license, on or before the twenty-third day of each
month,
shall make and file a return for the preceding month, on
forms
prescribed by the tax commissioner, and shall pay the tax
shown on
the return to be due. The commissioner may require a vendor that operates from multiple locations or has multiple vendor's licenses to report all tax liability on one consolidated return. The return shall show the amount
of tax due
from the vendor to the state for the period covered by
the return
and such other information as the commissioner deems
necessary for
the proper administration of this chapter. The
commissioner may
extend the time for making and filing returns
and paying the tax,
and may require that the return for the last
month of any annual
or semiannual period, as determined by the
commissioner, be a
reconciliation return detailing the vendor's
sales activity for
the preceding annual or semiannual period.
The reconciliation
return shall be filed by the last day of the
month following the
last month of the annual or semiannual
period. The commissioner
may remit all or any part of amounts or
penalties which may become
due under this chapter and may adopt
rules relating thereto. Such
return shall be filed by mailing
it to the
tax commissioner,
together with payment of the
amount of tax
shown to be due thereon
after deduction of any
discount provided
for under this section.
Remittance shall be made payable to the
treasurer of state. The
return shall be
considered filed when
received by the
tax
commissioner, and the
payment shall be considered made when
received by the
tax commissioner or when credited to an account
designated
by the
treasurer of state
or the tax commissioner. If
the return
is filed and the amount of tax
shown thereon to be due
is paid on
or before the date such return
is required to be filed,
the vendor
shall be entitled to a
discount of three-fourths of one
per cent
of the amount shown to
be due on the return. Amounts
paid to the
clerk of courts
pursuant to section 4505.06 of the
Revised Code
shall be subject
to the three-fourths of one per cent
discount.
The discount shall be in
consideration for prompt
payment to the
clerk of courts and for
other services performed by
the vendor in
the collection of the
tax. Upon application to the commissioner, a vendor who is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
tax
commissioner payment of
not
less than an amount determined by the
commissioner to be the
average monthly tax liability of the
vendor, based upon a review
of the returns or other information
pertaining to such vendor for
a period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed by
mailing
or delivering
it to the
tax commissioner,
together with payment
of the amount of tax
shown to be due
thereon after deduction of
any discount provided
in this section.
Remittance shall be made
payable to the treasurer
of state.
Failure of a vendor to comply
with any of the above
conditions
may result in immediate
reinstatement of the
requirement of
reporting and paying the
actual tax liability on
each monthly
return, and the commissioner
may at the
commissioner's
discretion deny the vendor the right to
report and
pay based upon the average
monthly
liability for a
period not to
exceed two years. The amount
ascertained by the
commissioner to be the average monthly tax
liability of a vendor
may be adjusted, based upon a review of the
returns or other
information pertaining to the vendor for a
period of not less than
six months nor more than two years
preceding such adjustment. The commissioner may authorize vendors whose tax liability
is
not such as to merit monthly returns, as
ascertained by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns
are filed at less frequent intervals in accordance with
such
authorization, the vendor shall be allowed
the discount of
three-fourths of one per cent in consideration for
prompt payment
with the return, provided the return is filed
together with
payment of the amount of tax shown to be due
thereon, at the time
specified by the commissioner. Any vendor who fails to
file a
return or pay the full amount
of the tax shown on the
return to
be due under this section and
the rules of the
commissioner
may, for each such return the vendor
fails to file or
each
such tax the vendor fails to pay in full as
shown on the
return within the period
prescribed by this section
and the rules
of the commissioner,
be required to forfeit and pay
into the state
treasury an additional
charge not exceeding
fifty
dollars or ten
per cent of the tax required to be paid for
the
reporting period,
whichever is greater, as revenue arising
from
the tax imposed by
this chapter, and such sum may be
collected by
assessment in the
manner provided in section 5739.13
of the
Revised Code. The
commissioner may remit all or a portion
of the
additional charge
and may adopt rules relating to
the imposition
and remission of
the additional charge. If the amount required to be collected by a vendor from
consumers is in excess of five per cent of the vendor's
receipts
from
sales which that are taxable under section 5739.02 of the Revised
Code, or in the case of sales subject to a tax levied pursuant to
section 5739.021, 5739.023, or 5739.026 of the Revised Code, in
excess of the percentage equal to the aggregate rate of such
taxes
and the tax levied by section 5739.02 of the Revised Code,
such
excess shall be remitted along with the remittance of the
amount
of tax due under section 5739.10 of the Revised Code. The commissioner, if the commissioner deems it necessary in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods. The returns shall be signed by the vendor or the
vendor's authorized agent. Any vendor required to file a return and pay the tax under
this section, whose total payment in any year indicated in
division
(A) of section 5739.122 of the Revised Code equals or
exceeds the
amount shown in that division, shall make each payment
required by
this section in the second ensuing and each
succeeding year by
electronic funds transfer as prescribed by, and on or before the dates specified in,
section 5739.122 of the
Revised Code, except as otherwise
prescribed by that section. For a vendor that operates from multiple locations or has multiple vendor's licenses, in determining whether the vendor's total payment equals or exceeds the amount shown in division (A) of that section, the vendor's total payment amount shall be the amount of the vendor's total tax liability for the previous calendar year for all of the vendor's locations or licenses.
Sec. 5739.122. (A) If the total amount of tax required to
be paid by a vendor under section 5739.12 of the Revised Code for
any calendar year indicated in the following schedule equals or
exceeds the amounts prescribed for that year in the schedule, the
vendor shall remit each monthly tax payment in the second ensuing
and each succeeding tax year by electronic funds transfer as
prescribed by divisions (B) and (C) of this section.
Year |
|
1992 |
|
1993 through 1999 |
2000 and thereafter |
Tax payment |
|
$1,200,000 |
|
$600,000 |
$60,000 |
If a vendor's tax payment for each of two consecutive years
beginning with 2000 is less than
sixty thousand dollars,
the vendor is relieved of the requirement to remit taxes by
electronic funds transfer for the year that next follows the
second of the consecutive years in which the tax payment is less
than sixty thousand dollars, and is relieved of that
requirement for each succeeding year unless the tax payment in a
subsequent year equals or exceeds sixty thousand
dollars. The tax commissioner shall notify each vendor required to
remit taxes by electronic funds transfer of the vendor's
obligation to do so, shall maintain an updated list of those
vendors, and shall timely certify the list and any additions
thereto or deletions therefrom to the treasurer of state.
Failure by the tax commissioner to notify a vendor subject to
this section to remit taxes by electronic funds transfer does not
relieve the vendor of its obligation to remit taxes by electronic
funds transfer. (B) Vendors required by division (A) of this section to
remit payments by electronic funds transfer shall remit such
payments to the treasurer of state in the manner prescribed by this section and
rules adopted by the treasurer of state under section 113.061 of the
Revised Code, and on or before the following dates specified under section
5739.12 of the Revised Code. The:
(1) On or before the eleventh day of each month, a vendor shall remit an amount equal to the taxes collected during the first seven days of the month. On or before the eighteenth day of each month, a vendor shall remit an amount equal to the taxes collected on the eighth through the fourteenth day of the month. On or before the twenty-fifth day of each month, a vendor shall remit an amount equal to the taxes collected on the fifteenth through the twenty-first day of the month.
(2) In lieu of remitting the actual amounts collected for the periods specified in division (B)(1) of this section, a vendor may, on or before each of the eleventh, eighteenth, and twenty-fifth days of each month, remit an amount equal to one-fourth of the vendor's total tax liability for the same month in the preceding calendar year.
(3) On or before the twenty-third day of each month, a vendor shall report the taxes collected for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1) or (2) of this section.
The payment of taxes by electronic
funds transfer does not affect a vendor's obligation to file the
monthly return as required under section 5739.12 of the Revised
Code. (C) A vendor required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the vendor from
remittance by electronic funds transfer for good cause shown for
the period of time requested by the vendor or for a portion of
that period. The treasurer of state shall notify the tax commissioner and
the vendor of the treasurer's treasurer of state's decision as soon as is practicable. (D)(1) If a vendor that is required to remit payments under division (B) of this section fails to make a payment, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(2) If a vendor required by this section to remit taxes by
electronic funds transfer remits those taxes by some means other
than by electronic funds transfer as prescribed by this section
and the rules adopted by the treasurer of state, and the
treasurer of state determines that such failure was not due to reasonable
cause or was due to willful neglect, the treasurer of state shall notify
the tax commissioner of the failure to remit by electronic funds
transfer and shall provide the commissioner with any information
used in making that determination. The tax commissioner may
collect impose an additional charge by assessment in the manner
prescribed by section 5739.13 of the Revised Code. The
additional charge shall equal not to exceed the lesser of five per cent of the amount of the
taxes required to be paid by electronic funds transfer, but shall
not exceed or five thousand dollars. Any (3) Any additional charge assessed imposed
under division (D)(1) or (2) of this section is in addition to any other penalty or charge
imposed under this chapter, and shall be considered as revenue
arising from taxes imposed under this chapter. An additional charge may be collected by assessment in the manner prescribed by section 5739.13 of the Revised Code. The tax
commissioner may remit waive all or a portion of such a charge and may
adopt rules governing such remission waiver. No additional charge shall be assessed imposed under this division (D)(2) of this section
against a vendor that has been notified of its obligation to
remit taxes under this section and that remits its first two tax
payments after such notification by some means other than
electronic funds transfer. The additional charge may be assessed imposed
upon the remittance of any subsequent tax payment that the vendor
remits by some means other than electronic funds transfer.
Sec. 5739.21. (A) Four and two-tenths per cent of all
money deposited into the state treasury under sections 5739.01 to
5739.31 of the Revised Code and not required to be distributed as
provided in section 5739.102 of the Revised Code or division (B)
of this section shall be credited to the local government fund
for distribution in accordance with section 5747.50 of the
Revised Code, six-tenths of one per cent
shall be credited to the local
government revenue assistance fund for distribution in accordance with section
5747.61 of the Revised Code, and ninety-five and two-tenths per cent shall be
credited to the general revenue fund. (B) In any case where any county or transit authority has
levied a tax or taxes pursuant to section 5739.021, 5739.023, or
5739.026 of the Revised Code, the tax commissioner shall, within
forty-five days after the end of each month, determine and
certify to the director of budget and management the amount of
the proceeds of such tax or taxes paid to the treasurer of state
from billings and assessments received during that month, or shown on tax returns or reports filed during that month, to be returned to the county or transit
authority levying the tax or taxes. The amount to be returned to
each county and transit authority shall be a fraction of the
aggregate amount of money collected with respect to each area in
which one or more of such taxes are concurrently in effect with
the tax levied by section 5739.02 of the Revised Code, the
numerator of which is the rate of the tax levied by the county or
transit authority and the denominator of which is the aggregate
rate of such taxes applicable to such area; provided, that the
aggregate amount to be returned to any county or transit
authority shall be reduced by one per cent, which shall be
certified directly to the credit of the local sales tax
administrative fund, which is hereby created in the state
treasury. For the purpose of determining the amount to be returned to a
county and transit authority in which the rate of tax imposed by the transit
authority has been reduced under section
5739.028 of the Revised Code, the tax commissioner
shall use the respective rates of tax imposed by the county or transit
authority that results from the change in the rates authorized
under that section. The director of budget and management
shall transfer,
from the same funds and in the same proportions specified in
division (A) of this section, to the permissive tax distribution
fund created by division (B)(1) of section 4301.423 of the
Revised Code and to the local sales tax administrative fund, the
amounts certified by the tax commissioner. The tax commissioner
shall then, on or before the twentieth day of the month in which
such certification is made, provide for payment of such
respective amounts to the county treasurer and to the fiscal
officer of the transit authority levying the tax or taxes. The
amount transferred to the local sales tax administrative fund is
for use by the tax commissioner in defraying costs incurred in
administering such taxes levied by a county or transit authority.
Sec. 5741.03. (A) Four and two-tenths per cent of all
money deposited into the state treasury under sections 5741.01 to
5741.22 of the Revised Code that is not required to be
distributed as provided in division (B) of this section shall be
credited to the local government fund for distribution in
accordance with section 5747.50 of the Revised Code, six-tenths of one per
cent shall be credited to the local
government revenue assistance fund for distribution in accordance with section
5747.61 of the Revised Code, and ninety-five and two-tenths per cent shall be
credited to the general revenue fund. (B) In any case where any county or transit authority has
levied a tax or taxes pursuant to section 5741.021, 5741.022, or
5741.023 of the Revised Code, the tax commissioner shall, within
forty-five days after the end of each month, determine and certify
to the director of budget and management the amount of the
proceeds of such tax or taxes paid to the treasurer of state
from billings and assessments received during that month, or shown on tax returns or reports filed during that month, to be returned to the county or transit
authority levying the tax or taxes, which amounts shall be
determined in the manner provided in section 5739.21 of the
Revised Code. The director of budget and management shall
transfer, from the same funds and in the same proportions
specified in division (A) of this section, to the permissive tax
distribution fund created by division (B)(1) of section 4301.423
of the Revised Code and to the local sales tax administrative
fund created by division (B) of section 5739.21 of the Revised
Code, the amounts certified by the tax commissioner. The tax
commissioner shall then, on or before the twentieth day of the
month in which such certification is made, provide for payment of
such respective amounts to the county treasurer or to the fiscal
officer of the transit authority levying the tax or taxes. The
amount transferred to the local sales tax administrative fund is
for use by the tax commissioner in defraying costs he the
commissioner incurs in administering such taxes levied by a county or
transit authority.
Sec. 5741.12. (A) Each seller required by section 5741.17
of the Revised Code to register with the tax commissioner, and
any
seller authorized by the commissioner to collect the tax
imposed
by or pursuant to section 5741.02, 5741.021, 5741.022, or
5741.023
of the Revised Code is subject to the same requirements
and
entitled to the same deductions and discount for prompt
payments
as are vendors under section 5739.12 of the Revised
Code. The
powers and duties of the commissioner and the
treasurer of state
with respect to returns and tax remittances
under this section
shall be identical with those prescribed in
section 5739.12 of the
Revised Code. (B) Every person storing, using, or consuming tangible
personal property or receiving the benefit of a service, the
storage, use, consumption, or receipt of which is subject to the
tax imposed by or pursuant to section 5741.02, 5741.021,
5741.022,
or 5741.023 of the Revised Code, when such tax was not
paid to a
seller, shall, on or before the twenty-third day of
each month,
file with the
tax commissioner a return for the
preceding month
in such form as is prescribed by the
commissioner,
showing such
information as the commissioner deems
necessary, and
shall pay the
tax shown on the return to be due.
Remittance shall
be made
payable to the treasurer of state.
The commissioner may
require
consumers to file returns and pay
the tax at other than
monthly
intervals, if
the commissioner
determines that such
filing is
necessary for the efficient administration of
the tax.
If the
commissioner determines that a consumer's tax
liability is
not
such as to merit monthly filing, the
commissioner may
authorize
the consumer to file returns and pay
tax at less
frequent
intervals.
Any consumer required to file a return and pay the tax
under
this section whose payment for any year indicated in
section
5741.121 of the Revised Code equals or exceeds the amount
shown in
that section shall make each payment required by this
section in
the second ensuing and each succeeding year by means
of electronic
funds transfer as prescribed by, and on or before the dates specified in, section 5741.121 of
the Revised
Code, except as otherwise prescribed by that section. (C) Every person storing, using, or consuming a motor
vehicle, watercraft, or outboard motor, the ownership of which
must be evidenced by certificate of title, shall file the return
required by this section and pay the tax due at or prior to the
time of filing an application for certificate of title.
Sec. 5741.121. (A) If the total amount of tax required to
be paid by a seller or consumer under section 5741.12 of the Revised Code
for any year indicated in the following schedule equals or
exceeds the amount prescribed for that year in the schedule, the seller or
consumer shall remit each monthly tax payment in the second
ensuing and each succeeding year by electronic funds transfer as
prescribed by division (B) of this section.
Year |
|
1992 |
|
1993 through 1999 |
2000 and thereafter |
Tax payment |
|
$1,200,000 |
|
$600,000 |
$60,000 |
If a seller's or consumer's tax payment for each of two consecutive
years beginning with 2000 is less than
sixty thousand
dollars, the seller or consumer is relieved of the requirement to remit
taxes by electronic funds transfer for the year that next follows
the second of the consecutive years in which the tax payment is
less than sixty thousand dollars, and is relieved of
that
requirement for each succeeding year, unless the tax payment in a
subsequent year equals or exceeds sixty thousand
dollars. The tax commissioner shall notify each seller or consumer required to
remit taxes by electronic funds transfer of the seller's or consumer's
obligation to do so, shall maintain an updated list of those sellers and
consumers, and shall timely certify the list and any additions
thereto or deletions therefrom to the treasurer of state.
Failure by the tax commissioner to notify a seller or consumer subject to
this section to remit taxes by electronic funds transfer does not
relieve the seller or consumer of the consumer's obligation to remit
taxes by electronic funds transfer. (B) Consumers Sellers and consumers required by division (A) of this section to
remit payments by electronic funds transfer shall remit such
payments to the treasurer of state in the manner prescribed by this section and
rules adopted by the treasurer of state under section 113.061 of the
Revised Code, and on or before the following dates specified under section
5741.12 of the Revised Code. The:
(1)(a) On or before the eleventh day of each month, a seller shall remit an amount equal to the taxes collected during the first seven days of the month. On or before the eighteenth day of each month, a seller shall remit an amount equal to the taxes collected on the eighth through the fourteenth day of the month. On or before the twenty-fifth day of each month, a seller shall remit an amount equal to the taxes collected on the fifteenth through the twenty-first day of the month.
(b) In lieu of remitting the actual amounts collected for the periods specified in division (B)(1)(a) of this section, a seller may, on or before each of the eleventh, eighteenth, and twenty-fifth days of each month, remit an amount equal to one-fourth of the seller's total tax liability for the same month in the preceding calendar year.
(2) On or before each of the eleventh, eighteenth, and twenty-fifth days of each month, a consumer shall remit an amount equal to one-fourth of the consumer's total tax liability for the same month in the preceding calendar year.
(3) On or before the twenty-third day of each month, a seller shall report the taxes collected and a consumer shall report the taxes due for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1)(a) or (b) or (B)(2) of this section.
The payment of taxes by electronic
funds transfer does not affect a seller's or consumer's obligation to file
the monthly return as required under section 5741.12 of the
Revised Code. (C) A seller or consumer required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the seller or consumer from
remittance by electronic funds transfer for good cause shown for
the period of time requested by the seller or consumer or for a portion of
that period. The treasurer of state shall notify the tax commissioner and
the seller or consumer of the treasurer's treasurer of state's decision as soon as is
practicable. (C)(D)(1) If a seller or consumer that is required to remit payments under division (B) of this section fails to make a payment, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(2) If a seller or consumer required by this section to remit taxes
by electronic funds transfer remits those taxes by some means
other than by electronic funds transfer as prescribed by the
rules adopted by the treasurer of state, and the treasurer of state
determines that such failure was not due to reasonable cause or
was due to willful neglect, the treasurer of state shall notify the tax
commissioner of the failure to remit by electronic funds transfer
and shall provide the commissioner with any information used in
making that determination. The tax commissioner may collect impose an
additional charge by assessment in the manner prescribed by
section 5741.13 of the Revised Code. The additional charge shall
equal not to exceed the lesser of five per cent of the amount of the taxes required to be
paid by electronic funds transfer, but shall not exceed or five
thousand dollars. Any (3) Any additional charge assessed imposed under this
section is in addition to any other penalty or charge imposed
under this chapter, and shall be considered as revenue arising
from taxes imposed under this chapter. An additional charge may be collected by assessment in the manner prescribed by section 5741.13 of the Revised Code. The tax commissioner may
remit waive all or a portion of such a charge and may adopt rules
governing such remission waiver. No additional charge shall be assessed imposed under this division (D)(2) of this section
against a seller or consumer that has been notified of the consumer's
obligation to remit taxes under this section and that remits its first two tax
payments after such notification by some means other than
electronic funds transfer. The additional charge may be assessed imposed
upon the remittance of any subsequent tax payment that the seller or
consumer remits by some means other than electronic funds
transfer.
Section 2. That existing sections 5104.01, 5104.04, 5104.30, 5104.32,
5104.34, 5104.35, 5104.38, 5104.39, 5139.41, 5739.031, 5739.032, 5739.12,
5739.122, 5739.21, 5741.03, 5741.12, and 5741.121
of the Revised Code are hereby repealed.
Section 3. That the versions of sections 5739.031, 5739.12, and 5741.12 of the Revised Code that are scheduled to take effect July 1, 2003, be amended to read as follows:
Sec. 5739.031. (A)
Upon application, the tax
commissioner
may
issue a direct payment permit that
authorizes a
consumer to
pay the sales tax
levied by or pursuant to section
5739.02,
5739.021, 5739.023, or
5739.026 of the Revised Code or
the use tax
levied by or pursuant
to section 5741.02, 5741.021,
5741.022, or
5741.023 of the
Revised
Code directly to the state
and
waives the
collection of
the tax by
the vendor or
seller
if payment directly
to the state would improve compliance
and increase the efficiency
of the administration of the tax. The
commissioner may adopt
rules
establishing the criteria for the
issuance of such permits. (B) Each permit holder, on or before the twenty-third day
of
each month, shall make and file with the treasurer of state a
return for the preceding month in such form as is prescribed by
the
tax commissioner and shall pay the tax shown on the return to
be
due. The return shall show the sum of the prices of taxable
merchandise used and taxable services received, the amount of tax
due from the permit holder, and such other information as the
commissioner deems necessary. The commissioner, upon written
request by the permit holder, may extend the time for making and
filing returns and paying the tax. If the commissioner
determines
that a permit holder's tax liability is not such as to
merit
monthly filing, the commissioner may authorize the permit
holder
to file returns and pay the tax at less frequent
intervals. The
treasurer of state shall show on the return the
date it was filed
and the amount of the payment remitted to the
treasurer.
Thereafter, the treasurer immediately shall transmit
all returns
filed under this section to the tax commissioner. Any permit holder required to file a return and pay the tax
under this section whose total payment for any calendar year
equals or exceeds the amount shown in
section 5739.032 of the
Revised Code shall make each payment
required by this section in
the second ensuing and each
succeeding
year by electronic funds
transfer as prescribed by, and on or before the dates specified in,
section
5739.032 of the Revised Code,
except as otherwise
prescribed by
that section. (C) For purposes of reporting and remitting the tax, the
price of tangible personal property or services purchased by, or
of tangible personal property produced by, the permit holder
shall
be determined under division (G) of section 5741.01 of the
Revised
Code.
Except as otherwise provided in division (C)
of section 5739.033 of the Revised
Code,
the
situs of any
purchase
transaction made
by the
permit holder
is
the location
where
the tangible
personal
property or service is
received by the
permit holder. (D) It shall be the duty of every permit holder required
to
make a return and pay
its tax under this section to keep and
preserve suitable records of purchases together with invoices of
purchases, bills of lading, asset ledgers, depreciation
schedules,
transfer journals, and such other primary and
secondary records
and documents in such form as the commissioner
requires. All such
records and other documents shall be open
during business hours to
the inspection of the
tax commissioner, and
shall be preserved for
a
period of four years, unless the
commissioner, in writing, has
authorized their destruction or
disposal at an earlier date, or by
order
or by reason of a waiver of the four-year time limitation
pursuant to section 5739.16 of the Revised Code requires that they
be
kept longer. (E) A permit granted pursuant to this section shall
continue
to be valid until surrendered by the holder or canceled
for cause
by the
tax commissioner. (F) Persons who hold a direct payment permit that has not
been canceled shall not be required to issue exemption
certificates and shall not be required to pay the tax as
prescribed in sections 5739.03, 5739.033, and 5741.12 of the
Revised Code. Such persons shall notify vendors and sellers from
whom purchases of tangible personal property or services are
made,
of their direct payment permit number and that the tax is
being
paid directly to the state. Upon receipt of such notice,
such
vendor or seller shall be absolved from all duties and
liabilities
imposed by section 5739.03 or 5741.04 of the Revised
Code with
respect to sales of tangible personal property or
services to such
permit holder. Vendors and sellers who make sales upon which the tax is
not
collected by reason of the provisions of this section shall
maintain records in such manner that the amount involved and
identity of the purchaser may be ascertained. The receipts from
such sales shall not be subject to the tax levied in section
5739.10 of the Revised Code. Upon the cancellation or surrender of a direct payment
permit, the provisions of sections 5739.03, 5741.04, and 5741.12
of
the Revised Code shall immediately apply to all purchases made
subsequent to such cancellation or surrender by the person who
previously held such permit, and such person shall so notify
vendors and sellers from whom purchases of tangible personal
property or services are made, in writing, prior to or at the
time
of the first purchase after such cancellation or surrender.
Upon
receipt of such notice, the vendor shall be subject to the
provisions of sections 5739.03 and 5739.10 of the Revised Code
and
the seller shall be subject to the provisions of section
5741.04
of the Revised Code, with respect to all sales
subsequently made
to such person. Failure of any such person to
notify vendors or
sellers from whom purchases of tangible
personal property or
services are made of the cancellation or
surrender of a direct
payment permit shall be considered as a
refusal to pay the tax by
the person required to issue such
notice.
Sec. 5739.12.
Each person who has or is required to have a
vendor's
license, on or before the twenty-third day of each
month,
shall
make and file a return for the preceding month, on
forms
prescribed by the tax commissioner, and shall pay the tax
shown on
the return to be due. The commissioner may require a vendor that operates from multiple locations or has multiple vendor's licenses to report all tax liabilities on one consolidated return. The return shall show the amount
of tax due
from the vendor to the state for the period covered by
the return
and such other information as the commissioner deems
necessary for
the proper administration of this chapter. The
commissioner may
extend the time for making and filing returns
and paying the tax,
and may require that the return for the last
month of any annual
or semiannual period, as determined by the
commissioner, be a
reconciliation return detailing the vendor's
sales activity for
the preceding annual or semiannual period.
The reconciliation
return shall be filed by the last day of the
month following the
last month of the annual or semiannual
period. The commissioner
may remit all or any part of amounts or
penalties
that may
become
due under this chapter and may adopt
rules relating
thereto. Such
return shall be filed by mailing
it to the
tax
commissioner,
together with payment of the
amount of tax
shown to
be due thereon
after deduction of any
discount provided
for under
this section.
Remittance shall be made payable to the
treasurer of
state. The
return shall be
considered filed when
received by the
tax
commissioner, and the
payment shall be considered made when
received by the
tax commissioner or when credited to an account
designated
by the
treasurer of state
or the tax commissioner. If the return
is filed and the amount of tax
shown thereon to
be due is paid on
or before the date such return
is required to be
filed, the vendor
shall be entitled to a
discount of three-fourths
of one per cent
of the amount shown to
be due on the return, but a
vendor that has selected a certified service provider as its agent
shall not be entitled to the discount. Amounts paid to the
clerk
of courts
pursuant to section 4505.06 of the Revised Code
shall be
subject
to the three-fourths of one per cent discount.
The
discount shall be in
consideration for prompt payment to the
clerk
of courts and for
other services performed by the vendor in
the
collection of the
tax. Upon application to the commissioner, a vendor who is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
tax
commissioner payment of
not
less than an amount determined by the
commissioner to be the
average monthly tax liability of the
vendor, based upon a review
of the returns or other information
pertaining to such vendor for
a period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed by
mailing
or delivering
it to the
tax commissioner,
together with payment
of the amount of tax
shown to be due
thereon after deduction of
any discount provided
in this section.
Remittance shall be made
payable to the treasurer
of state.
Failure of a vendor to comply
with any of the above
conditions
may result in immediate
reinstatement of the
requirement of
reporting and paying the
actual tax liability on
each monthly
return, and the commissioner
may at the
commissioner's
discretion deny the vendor the right to
report and
pay based upon the average
monthly
liability for a
period not to
exceed two years. The amount
ascertained by the
commissioner to be the average monthly tax
liability of a vendor
may be adjusted, based upon a review of the
returns or other
information pertaining to the vendor for a
period of not less than
six months nor more than two years
preceding such adjustment. The commissioner may authorize vendors whose tax liability
is
not such as to merit monthly returns, as
ascertained by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns
are filed at less frequent intervals in accordance with
such
authorization, the vendor shall be allowed
the discount of
three-fourths of one per cent in consideration for
prompt payment
with the return, provided the return is filed
together with
payment of the amount of tax shown to be due
thereon, at the time
specified by the commissioner, but a vendor that has selected a
certified service provider as its agent shall not be entitled to
the discount. Any vendor who fails to
file a
return or pay the full amount
of the tax shown on the
return to
be due under this section and
the rules of the
commissioner
may, for each such return the vendor
fails to file or
each
such tax the vendor fails to pay in full as
shown on the
return within the period
prescribed by this section
and the rules
of the commissioner,
be required to forfeit and pay
into the state
treasury an additional
charge not exceeding
fifty
dollars or ten
per cent of the tax required to be paid for
the
reporting period,
whichever is greater, as revenue arising
from
the tax imposed by
this chapter, and such sum may be
collected by
assessment in the
manner provided in section 5739.13
of the
Revised Code. The
commissioner may remit all or a portion
of the
additional charge
and may adopt rules relating to
the imposition
and remission of
the additional charge. If the amount required to be collected by a vendor from
consumers is in excess of five per cent of the vendor's
receipts
from
sales
that are taxable under section 5739.02 of the
Revised
Code, or in the case of sales subject to a tax levied
pursuant to
section 5739.021, 5739.023, or 5739.026 of the Revised
Code, in
excess of the percentage equal to the aggregate rate of
such
taxes
and the tax levied by section 5739.02 of the Revised
Code,
such
excess shall be remitted along with the remittance of
the
amount
of tax due under section 5739.10 of the Revised Code. The commissioner, if the commissioner deems it necessary in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods. The returns shall be signed by the vendor or the
vendor's authorized agent. Any vendor required to file a return and pay the tax under
this section, whose total payment in any year indicated in
division
(A) of section 5739.122 of the Revised Code equals or
exceeds the
amount shown in that division, shall make each payment
required by
this section in the second ensuing and each
succeeding year by
electronic funds transfer as prescribed by, and on or before the dates specified in,
section 5739.122 of the
Revised Code, except as otherwise
prescribed by that section. For a vendor that operates from multiple locations or has multiple vendor's licenses, in determining whether the vendor's total payment equals or exceeds the amount shown in division (A) of that section, the vendor's total payment amount shall be the amount of the vendor's total tax liability for the previous calendar year for all of the vendor's locations or licenses.
Sec. 5741.12. (A) Each seller required by section 5741.17
of the Revised Code to register with the tax commissioner, and
any
seller authorized by the commissioner to collect the tax
imposed
by or pursuant to section 5741.02, 5741.021, 5741.022, or
5741.023
of the Revised Code is subject to the same requirements
and
entitled to the same deductions and discount for prompt
payments
as are vendors under section 5739.12 of the Revised
Code, and the
same monetary allowances as are vendors under section 5739.06 of
the Revised Code. The
powers and duties of the commissioner and
the
treasurer of state
with respect to returns and tax remittances
under this section
shall be identical with those prescribed in
section 5739.12 of the
Revised Code. (B) Every person storing, using, or consuming tangible
personal property or receiving the benefit of a service, the
storage, use, consumption, or receipt of which is subject to the
tax imposed by or pursuant to section 5741.02, 5741.021,
5741.022,
or 5741.023 of the Revised Code, when such tax was not
paid to a
seller, shall, on or before the twenty-third day of
each month,
file with the
tax commissioner a return for the
preceding month
in such form as is prescribed by the
commissioner,
showing such
information as the commissioner deems
necessary, and
shall pay the
tax shown on the return to be due.
Remittance shall
be made
payable to the treasurer of state.
The commissioner may
require
consumers to file returns and pay
the tax at other than
monthly
intervals, if
the commissioner
determines that such
filing is
necessary for the efficient administration of
the tax.
If the
commissioner determines that a consumer's tax
liability is
not
such as to merit monthly filing, the
commissioner may
authorize
the consumer to file returns and pay
tax at less
frequent
intervals. Any consumer required to file a return and pay the tax
under
this section whose payment for any year indicated in
section
5741.121 of the Revised Code equals or exceeds the amount
shown in
that section shall make each payment required by this
section in
the second ensuing and each succeeding year by means
of electronic
funds transfer as prescribed by, and on or before the dates specified in, section 5741.121 of
the Revised
Code, except as otherwise prescribed by that section. (C) Every person storing, using, or consuming a motor
vehicle, watercraft, or outboard motor, the ownership of which
must be evidenced by certificate of title, shall file the return
required by this section and pay the tax due at or prior to the
time of filing an application for certificate of title.
Section 4. That the existing versions of sections 5739.031, 5739.12, and 5741.12 of the Revised Code that are scheduled to take effect July 1, 2003, are hereby repealed.
Section 5. Sections 3 and 4 of this act take effect on July 1, 2003.
Section 6. That Section 125 of Am. Sub. H.B. 94 of the 124th General Assembly, as amended by Am. Sub. S.B. 261 of the 124th General Assembly, be amended to read as follows:
Sec. 125. UNCLAIMED FUNDS
TRANSFER
Notwithstanding division (A) of section 169.05 of the Revised
Code, prior to June 30, 2003, upon the request of the Director of
Budget and Management, the Director of Commerce shall transfer to
the General Revenue Fund up to
$80,800,000 $115,800,000 of the
unclaimed funds
that have been reported by the holder of unclaimed
funds as
provided by section 169.05 of the Revised Code,
irrespective of
the allocation of the unclaimed funds under that
section.
Section 7. That existing Section 125 of Am. Sub. H.B. 94 of the 124th General Assembly is hereby repealed.
Section 8. That Section 142 of Am. Sub. H.B. 94 of the 124th General Assembly be amended to read as follows:
Sec. 142. BUDGET STABILIZATION FUND TRANSFERS FOR THE
DEPARTMENT OF JOB AND FAMILY SERVICES
Notwithstanding section 131.43 and division (D) of section
127.14 of the Revised Code, if the Director of Budget and
Management, in consultation with the Director of
Job and Family
Services, determines that Medicaid
expenditures for the biennium
are likely to exceed the amounts
appropriated in the Department of
Job and Family Services appropriation item
600-525, Health
Care/Medicaid, the Director of Budget and
Management may, with
Controlling Board approval, tranfer transfer up to
$150 $190 million in cash
from the Budget Stabilization Fund to the General
Revenue Fund and
increase the appropriation to appropriation item 600-525,
Health
Care/Medicaid, accordingly. In increasing the appropriation to
appropriation item 600-525, Health Care/Medicaid, the Director of
Budget and Management shall add to the amount transferred from the
Budget Stabilization Fund appropriation amounts that are
attributable to the federal match that is indicated by the state
and federal division of appropriation item 600-525, Health
Care/Medicaid, as represented in this act Am. Sub. H.B. 94 of the 124th General Assembly. Before any transfers
are
authorized, the Director of Budget and Management shall
exhaust
the possibilities for transfers of moneys within the
Department of
Job and Family Services to meet the identified
shortfall.
Section 9. That existing Section 142 of Am. Sub. H.B. 94 of the 124th General Assembly is hereby repealed.
Section 10. CHEMICAL DEPENDENCY PROFESSIONALS BOARD CASH TRANSFER
Notwithstanding any other law to the contrary, upon certification by the Director of Administrative Services, the Director of Budget and Management may transfer cash in an amount not to exceed the fiscal year 2003 appropriation from Fund 5P1 (Credentialing Fund) to Fund 4K9 (Occupational Licensing). The amount transferred is hereby appropriated. The cash shall be used to pay expenses related to establishing the Chemical Dependency Professionals Board, including, but not limited to, travel reimbursement of board members.
Section 11. EDUCATION FORMULA CUTS PROHIBITED
Notwithstanding any other provisions of law to the contrary, the Governor shall not reduce fiscal year 2003 GRF appropriations for the following appropriation items of the Department of Education budget: 200-500, School Finance Equity; 200-501, Base Cost Funding; 200-502, Pupil Transportation; 200-511, Auxiliary Services; 200-520, Disadvantaged Pupil Impact Aid; 200-521, Gifted Pupil Program; 200-525, Parity Aid; 200-532, Nonpublic Administrative Cost Reimbursement; and 200-546, Charge-off Supplement.
Section 12. If, prior to the effective date of this section, the Governor has issued an order requiring the closure of a state institutional facility but as of the effective date of this section that facility has not yet been closed, the procedures established in section 107.31 of the Revised Code, as enacted by this act, shall apply to the closure of the facility notwithstanding the Governor's order. As used in this section, "state institutional facility" has the same meaning as in section 107.31 of the Revised Code.
All state dollars lapsed from the fiscal year 2003 appropriation to appropriation item 600-610, Food Stamps and State Administration (Fund 384), in the Department of Job and Family Services shall be transferred by the Director of Budget and Management to the General Revenue Fund.
Section 14. Except as otherwise specifically provided in this act, the codified and uncodified sections of law amended or enacted by this act, and the items of law of which the sections as amended or enacted by this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the sections of law amended or enacted by this act, and the items of law of which the sections as amended or enacted by this act are composed, except as otherwise specifically provided in this act, go into immediate effect when this act becomes law.
Section 15. Sections 5101.31, 5104.01, 5104.04, 5104.30, 5104.32, 5104.34, 5104.35, 5104.38, 5104.382, and 5104.39 of the Revised Code as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, such sections as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such section as amended or enacted by this act, or against any item of law of which any such section as amended or enacted by this act is composed, the section as amended or enacted, or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 16. Section 5739.21 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. Sub. S.B. 188 of the 121st General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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